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MINUTES 

OF THE 

TRUSTEES 

OF THE 

Internal Improvement 
Trust Fund 

State of Florida 



VOLUME XXXIX 



From July 1, 1972 to June 30 f 1974 

Published Under Authority of Trustees of Internal 
Improvement Trust Fund 




TALLAHASSEE, FLORIDA 
1975 



.zarp. jv *y?7r 



MINUTES 

OF THE 

TRUSTEES 

OF THE 

Internal Improvement 
Trust Fund 

State of Florida 



VOLUME XXXIX 



From July 1, 1972 to June 30, 1974 

Published Under Authority of Trustees of Internal 
Improvement Trust Fund 




TALLAHASSEE, FLORIDA 
1975 



Digitized by the Internet Archive 

in 2010 with funding from 

Lyrasis Members and Sloan Foundation 



http://www.archive.org/details/minutesoftrustee39flor 



Tallahassee, Florida 
July 5, 1972 



The Board of Trustees of the Internal Improvement Trust Fund 
met on this date in the auditorium of the Burns Building with 
the following members present: 



Reubin O'D. Askew 
Richard (Dick) Stone 
Robert L. Shevin 
Fred 0. Dickinson, 
Thomas D. O'Malley 
Floyd T. Christian 
Doyle Conner 



Governor 
Secretary of State 

Attorney General 
Jr. Comptroller 
Treasurer 

Commissioner of Education 
Commissioner of Agriculture 



Joel Kuperberg 



Executive Director 



-1- 



The minutes of June 6 were approved as corrected on page 15 to 
show January 12, 1972 , instead of 1962, and the minutes of June 
20 were approved as submitted. 



The Executive Director requested consideration of a resolution 
with reference to the retirement of Mrs. Maye T. Peabody, a long- 
time employee of the Trustees' office. 

The Trustees extended their congratulations to Mrs. Peabody and 
on motion by Mr. Shevin, seconded by Mr. Dickinson and carried 
unanimously, adopted the resolution which is attached and made 
a part of these minutes. 



-2- 

INDIAN RIVER COUNTY - Application for Quitclaim Deed 

File No. 2460-31-253.12(6), 0.48 acre 
(June 8, 1972) 

Staff Description: A parcel of filled sovereignty land 
in Bethel Creek abutting Section 29, Township 32 South, 
Range 4 East, Indian River County. 

A. CITY AND COUNTY - Vero Beach, Indian River County. 

B. APPLICANT: 



R I Vero Beach, Inc., 

2901 Ocean Drive, Vero Beach, Florida 32960 



APPLICANT'S 
REPRESENTATIVE: 



D . ACREAGE : 
RATE: 



E. APPRAISAL: 



F. PURPOSE: 



Sherman N. Smith, III 

Post Office Box 518, Vero Beach, Florida 32960 

0.48 acre 

$100 for the parcel as it existed in its 

unfilled state. 

Memorandum of Appraisal by Staff Appraiser 

May 30, 1972. 



Zoned CIA 



Commercial District 



BIOLOGICAL 
RESPONSES: 



Not applicable 



H. STAFF REMARKS: The applicant applied for a quitclaim deed 

pursuant to Section 253.12(6) Florida Statutes, which provided 
that "Where any person, state agency, county, city or other 
political subdivision prior to June 11, 1957, extended or added 
to existing lands or islands bordering on or being in the 
navigable waters as defined in this section, the Board shall 
upon application therefor convey said land so filled to the 
riparian owner or owners of the upland so extended or added 
to. The consideration for such conveyance shall be the 
appraised value of said lands as they existed prior to such 
filling. " 



7-5-72 



Three affidavits have been submitted which state that the 
parcel was filled prior to June 11, 1957. 

The applicant has submitted $100 processing fee, $150 appraisal 
fee, and $100 as consideration for the parcel. 

Staff requests authority to issue the quitclaim deed . 

ACTION OF THE TRUSTEES: 

Motion was made by Mr. Christian, seconded by Mr. Dickinson and 
Mr. O'Malley, and carried unanimously, that the Trustees 
authorize issuance of the quitclaim deed. 



-3- 

MONROE COUNTY - Dredge and Fill Permit No. 253.03-151 
(March 8, 1972) 



APPLICANT: 



PROJECT: 



Spence H. Pass, c/o Bailey and Associates, 
Post Office Box 349, Islamorada, Florida 33036 



To fill in the submerged la 
Reid by TIITF Deed 22062 co 
existing small and shallow 
the area to be filled will 
area. The new channel will 
southeasterly side of the s 
along the northeasterly sid 
excavated to 5 foot depth a 
interior canals will be exc 
fill from these canals and 
be used to fill the balance 
the plat. Applicant reques 
on the agenda despite the a 
and requests approval. 



nd conveyed to Mr . Alban 
ntaining 3.5 acres. The 
channel which passes through 
be relocated around the fill 

be 50 feet wide along the 
ubdivision and 30 feet wide 
e. This channel will be 
t mean low water. The 
avated to -25 feet and the 
the perimeter channel will 

of the submerged land in 
ts that project be placed 
dverse environmental comments, 



LOCATION: 



MATERIAL; 



PAYMENT : 



Marion Park, Key Largo, Plat Book 1, Page 59, Monroe 
County, Section 5, Township 62 South, Range 39 East. 

Approximately 4,500 cubic yards will be excavated from 
the perimeter canal and 24,000 will be excavated from 
the interior canals. All spoil will be placed on the 
designated areas. 

$450 has been paid for sovereignty material. 



STAFF 
REMARKS : 



Field Operations Division recommends denial of permit. 



ECOLOGICAL 

RESPONSES: Department of Natural Resources - Recommend only minimal 

filling of Lots 5, 6, 7; no major filling of submerged 

land is recommended. 

Game and Fresh Water Fish Commission - Recommend that 
permit be denied because the area is a biologically 
important portion of the ecosystem. 

Department of Pollution Control - Will have definite 
adverse effects on water quality. 

Staff recommends denial of Permit No. 253.03-151 and refund of $450 
that was paid for sovereignty material . 

ACTION OF THE TRUSTEES : 

Motion was made by Mr. Stone, seconded by Mr. O'Malley, to 
uphold the staff recommendation for denial . 

Mr. William J. Roberts, attorney representing the applicant, 
discussed factors which in his opinion justified overriding the 
staff recommendation. He said the land was purchased from the 
state in 1959 and plat recorded in Monroe County showed lots and 



7-5-72 



water canals, approximately half the work was completed under 
U. S. Corps of Engineers permit, the project was abandoned in 
1967 for economic reasons, the property was purchased in 1967 and 
the present owner desired to complete the project. Mr. Roberts 
considered it not contrary to the public interest to serve lot 
owners in a subdivision platted before present regulations were 
adopted, and said the legislative intent was to permit small 
navigational access projects of this kind notwithstanding damage 
to the ecology. 

It was brought out that some lots were sold since 1967 and some 
by the prior owner, and that contract for deed included a plat 
showing water canals. The Governor and Mr. O'Malley commented that 
some of the owners had recourse, Mr. O'Malley adding that private 
property rights were involved rather than the public interest 
and that all the environmental departments had indicated 
adverse effects. 

Mr. Charles Lee spoke in opposition to the project that he 

said was another example of loss of the natural resources in the 

Keys . 

The Executive Director advised that this work involved more 
than a navigation channel; furthermore, the present owner 
did not apply for a permit until March 1972. 

The motion by Mr. Stone, seconded by Mr. O'Malley, was adopted 
without objection to deny the permit and authorize refund of 
the amount paid for sovereignty material. 



-4- 

VOLUSIA COUNTY - Fill Permit No. 253 . 124 (8 ) -266 
(March 2, 1972) 

APPLICANT: Russell M. Hutchinson, 
16 Kathy Drive 
Ormond Beach, Florida 32074 

PROJECT: To construct a retaining wall and to reclaim land lost 
by artificially induced erosion. 

LOCATION: Section 28, Township 13 South, Range 32 East, 
Volusia County. 

MATERIAL: All material will be trucked from upland sources. 

PAYMENT: None. Sovereignty land not involved. 

STAFF 

REMARKS: No objection. 

ECOLOGICAL 

RESPONSES: Department of Natural Resources - No objection. 

Game and Fresh Water Fish Commission - Riprap should 
be utilized to best preserve the integrity of the 
aquatic ecosystem. 

Department of Pollution Control - No objection 
provided the seawall is placed at the mean high 
water line and riprap is placed waterward of the 
seawall . 

Staff recommends issuance of Fill Permit No. 253 ■ 124 (8) -266 with 
the stipulation that riprap be utilized on the water side of the 
retaining wall . 

ACTION OF THE TRUSTEES: 

Motion was made by Mr. Christian, seconded by Mr. Dickinson 
and adopted unanimously, to approve the fill permit with the 
stipulation recommended by the staff. 



7-5-72 



-5- 

OKALOOSA COUNTY - Right of Way Easement, File No. 2439-46-253.03 
(April 25, 1972) 



APPLICANT: 



PROJECT: 



LOCATION : 



PAYMENT : 



STAFF 
REMARKS: 



Department of Transportation 

Burns Building, Tallahassee, Florida 32304 

The original project proposed construction of a 
box culvert. Plans have been revised for construction 
of a shore-to-shore bridge across Swift Creek for 
State Road 20. No dredging or filling is required. 

0.07-acre parcel of sovereignty land in Swift Creek 
abutting Section 9, Township 1 South, Range 22 West, 
Okaloosa County. 



Field Operations has no objection provided precautions 
are taken to prevent siltation. 



ECOLOGICAL 

RESPONSES: Department of Natural Resources - No objection. 

Game and Fresh Water Fish Commission - No objection, 

Department of Pollution Control - No objection. 

Staff requests authority to issue right of way easement . 

ACTION OF THE TRUSTEES: 

Motion was made by Mr. Christian, seconded by Mr. Dickinson 
and adopted unanimously to approve issuance of the right of 
way easement to the Department of Transportation. 



-6- 

BROWARD COUNTY - Dredge Permit No. 253.123-962 and 
Fill Permit No. 253 . 124 (8) -224 
(May 1, 1972) 



APPLICANT: 



PROJECT: 



LOCATION : 



MATERIAL : 



PAYMENT : 



STAFF 
REMARKS: 



ECOLOGICAL 
RESPONSES: 



James M. Linden, c/o McLaughlin Engineering Co. 
400 NE Third Avenue, Ft. Lauderdale, Florida 

To dredge approximately 350 cubic yards of material 
from a parcel of sovereignty land in the North Fork 
of New River and to reclaim a strip of land 132 
feet long varying in width from to 16 feet lost 
by artificially induced erosion, and to construct 
a retaining wall to connect to existing walls on 
each side. 

Section 9, Township 50 South, Range 42 East, 
Broward County, at the Southerly end of Lots 
1 and 2 of Waverly Place, a recorded subdivision, in 
Ft. Lauderdale, Florida 

350 cubic yards dredged from sovereignty bottoms in the 
North Fork of the North New River. 

$350 received April 27, 1972. 

Field Operations Division has no objection. 

Department of Natural Resources - No objection. 
Game and Fresh Water Fish Commission - No objection. 
Department of Pollution Control - No objection. 



7-5-72 



OTHERS: City of Ft. Lauderdale - No objection. 

Staff recommends issuance of Dredge Permit No. 253.123-962 and 
Fill Permit No. 253 . 124 (8) -224 . 

ACTION OF THE TRUSTEES: 

Motion was made by Mr. Christian, seconded by Mr. Dickinson 
and adopted unanimously, to approve the dredge and fill permits 
recommended by the staff . 



-7- 

BROWARD COUNTY - Utility Permit No. 253 .123 (2) (b) -1112 
(April 6, 1972) 

On June 20, 1972, this application was deferred two weeks at 
the request of the Secretary of State. 

APPLICANT: Broward County Board of County Commissioners 
c/o Ross, Saarinen, Bolton and Wilder, Inc. 
Post Office Box 1380, Ft. Lauderdale, Florida 

PROJECT: To construct a 54" waste water outfall approximately 
6,800 feet into the Atlantic Ocean. 

LOCATION: Hillsboro Inlet, Broward County, Section 29, 

Township 48 South, Range 43 East, Broward County. 

MATERIAL: Not applicable. 

PAYMENT: Not applicable. 

STAFF 

REMARKS: No objection. 

ECOLOGICAL 

RESPONSES: Department of Natural Resources - No objection. 

Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control - No objection. 
OTHERS: 1. Beaches and Shores - No objection. 

2. Florida Inland Navigation District - No objection. 

Staff recommends issuance of Utility Permit No. 253.123 (2) (b) -1112 . 

ACTION OF THE TRUSTEES : 

On this date the Board of Natural Resources had approved an 
application in connection with the project. Secretary of State 
Stone referred to a resolution of the Board of County Commissioners 
of Broward County on May 11, 1971, supporting research and studies 
directed toward water conservation through reuse of water and he 
read from a letter stating that the county considers the outfall 
only an interim measure. 

Motion was made by Mr. O'Malley, seconded by Mr. Conner and 
adopted unanimously, to approve issuance of the utility permit 
as recommended by the staff. 



DADE COUNTY - Fill Permit No. 25 3.124-2 37 

The application of the Town of Bay Harbor Islands. to extend 
the existing seawall on each side of the Broad Causeway in 
Biscayne Bay in Township 52 South, Range 42 East, Dade County, 
had been deferred on June 6 and on June 20. 



7-5-72 



The Secretary of State said that the Metro Commission was 
considering the matter on this date and has asked for deferral, 
Therefore, he requested deferral for two weeks. 

Without objection, the application for fill permit was again 
deferred. 



-9- 

PALM BEACH COUNTY - Memorandum of Agreement 
File No. 2462-50-253.42 
(March 23, 1972) 

APPLICANT: Department of Transportation 

PROJECT: The acquisition of highway right of way for a 
portion of 1-95 requires the relocation of a 
portion of the West Palm Beach Canal right of 
way under the jurisdiction of the Central and 
Southern Florida Flood Control District and the 
relocation of a portion of the tracks and right 
of way of the Seaboard Coastline Railroad. 

The memorandum of Agreement provides that the Department of 
Transportation, the Central and Southern Florida Flood Control 
District, the Seaboard Coastline Railroad, an individual, and 
the Board of Trustees exchange land in the following manner: 

The Department of Transportation 
relinquishes title to 5.769 acres 

and acquires title for right of 42 . 890 
way to 

Net Gain to D.O.T. 37.121 acres 

The Flood Control District 
relinquishes title to 13.64 

and acquires title for canal right of 
way to 10.761 

Net decrease to FCD 2.879 acres 

*The Seaboard Coastline Railroad 
relinquishes title to 26.270 

and acquires title for railroad right 
of way 13.768 

Net decrease to SCLRR 12.502 acres 

An individual relinquishes title to 
Trustees who convey to FCD title to 1.6 5 

Net decrease to individual 1.65 acres 

The Board of Trustees relinquishes 41.961 
and acquires title to 21 . 871 

Net decrease to Trustees 20.090 acres 

*District Appraisal Section, Department of Transportation 
advises that the Seaboard Coastline property is valued at 
$75,990, and the Board of Trustees land is valued at $13,768. 
Both appraisals have been reviewed and are considered fair 
and just by the staff appraiser. The net gain to the state 
is estimated to be $62,222. 

ACTION OF THE TRUSTEES: 

On motion by Mr. Dickinson, seconded by Mr. Stone and carried 

unanimously, the Board approved the proposed exchange subject 

to advertisement for objections only, as recommended by the 
staff. 



7-5-72 



-10- 

FRANKLIN, GULF, LIBERTY, CALHOUN, GADSDEN AND JACKSON COUNTIES - 
Seismic Survey Permit 
(May 15, 1972) 

APPLICANT: Geophysical Service, Inc. 
New Orleans, Louisiana 

REQUEST: Permission to conduct a seismic survey using air gun 
method. 

LOCATION: Apalachicola River from U. S. Highway 90 down to the 
Town of Apalachicola and on a line southward into 
the Gulf of Mexico to a depth of 60 feet. 

The Game and Fresh Water Fish Commission has reviewed the request 
and has no objections. The Department of Natural Resources on 
June 6 issued a permit for this operation in the offshore area. 
The project will take four to six weeks to complete. 

Recommend issuance of permit . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Christian, seconded by Mr. Stone and carried 
unanimously, the permit was approved. 



-11- 

DUVAL COUNTY - Sewer Pumping Station Easement 
(June 5, 1972) 

APPLICANT: City of Jacksonville 



REQUEST: 



Easement for a proposed major sanitary sewer pumping 
station. 



LOCATION: The southerly fifty feet of Lot 10, L'Engle's 

Subdivision of Lots 1 and 2, Block 3, Riverside, 
as recorded in Plat Book 1, Page 120, former public 
records of Duval County, Florida. The size of the 
parcel requested is 50 feet wide and 246.7 feet long. 

The parcel is approximately one-third of the total area necessary 
to construct the pumping station. The balance of the site is 
bein ? acquired by the City from the Florida Medical Association, 
adjoining owner. This property is a portion of the Riverside Avenue 
Highway Patrol Station. The Department of Highway Safety and Motor 
Vehicles has reviewed this request and approves the easement stating 
that it will not adversely affect the department's operation. 

Recommend issuance of easement for sanitary sewer pumping station 
and associated facilities use only . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Stone, seconded- by Mr. Christian and carried 
unanimously, the Board approved easement for sanitary sewer 
pumping station and associated facilities use only. 



-12- 

PINELLAS COUNTY - Easement for Electrical Service 
(June 5, 1972) 

APPLICANT: Florida Power Corporation 
St. Petersburg, Florida 



REQUEST: 



Easement for electrical distribution 
system facilities 



LOCATION: The St. Petersburg Regional Community Center 
described as Tract 1 and plat recorded in 



7-5-72 



Plat Book 66, Page 19, Public records of Pinellas 
County, Florida, lying and being in the SE 1/4 of 
Section 13, Township 30 South, Range 15 East, Pinellas 
County. 

The Department of Health and Rehabilitative Services has requested 
Florida Power Corporation to furnish the electrical service 
facilities necessary for the buildings now under construction 
and approves the issuance of the easement. 

Recommend issuance of the easement requested for electric service 
facilities only . 

ACTION OF THE TRUSTEES: 

Motion was made by Mr. Christian, seconded by Mr. Stone and 
carried unanimously, to approve the easement for electric 
service facilities only. 



-13- 

BAY COUNTY - Public Sale of Murphy Act Land 
(May 26, 1972) 

LAND DESCRIPTION: W 1/2 of Lot 8 and W 1/2 of Lot 23, Block 48 
and W 1/2 of Lot 8 and W 1/2 of Lot 23, Block 
51, Calloway Plat, Section 17, Township 4 South, 
Range 13 West, Bay County. 

LOCATION: Within the incorporated limits of the City of Calloway. 
These lots are within an old undeveloped residential 
section of the city. 

APPRAISAL: By staff appraiser, $725. 

AUTHORITY 

FOR SALE: Section 197.350, Florida Statutes. 



DATE OF 
SALE: 



May 25, 1972, by Clerk of Circuit Court of Bay County, 



HIGH BIDDER: Mildred Kneece 

406 Magnolia Avenue, Panama City, Florida 

HIGH BID: $725. 

Recommend confirmation of sale of the land to Mildred Kneece for 
$725 plus costs of advertising and clerk's fee . 

ACTION OF THE TRUSTEES: 

On motion made by Mr. Stone, seconded by Mr. Christian and 
carried unanimously, the Board of Trustees confirmed sale of the 
land to Mildred Kneece for $725 plus costs of advertising and 
clerk's fee. 



-14- 

LEON COUNTY - Surplus House Disposition 
(June 1, 1972) 

The Department of General Services requests the Trustees to clear 
the land at 210 West Gaines Street by disposing of the one-story 
brick building on the site. The Department has been unsuccessful 
in finding a tenant for the building. The building is reported 
to be structurally unsound due to termite damage to the supporting 
sills and should be removed so that more productive use may be 
made of the area. 

Recommend requesting sealed bids for the removal of the building . 



7-5-72 



ACTION OF THE TRUSTEES: 

On motion by Mr. Stone, seconded by Mr. Christian and carried 
without objection, the Board approved the recommendation to 
request sealed bids for removal of the building. 



-15- 

CLAY COUNTY - Dredge Permit No. 253.123-1125 
(March 7, 1972) 



APPLICANT: 
PROJECT: 

LOCATION: 
MATERIAL : 
PAYMENT : 



STAFF 
REMARKS 



Houdaille-Duval-Wright Co. 

Post Office Box 1588, Jacksonville, Florida 

To dredge 2 navigation channels 125 feet wide by 5 
feet deep by 600 feet long for barge access during 
construction of new bridge for U. S. 19 (S.R. 15) 
crossing Black Creek. 

Township 5 South, Range 26 East, Clay County. 

6,944.44 cubic yards of material will be removed. 

Request waiver of payment as the material will be 
deposited on the road right of way. 

No objection, provided the spoil area is properly diked. 



ECOLOGICAL 
RESPONSES: 



Department of Natural Resources - The application has 
been revised to eliminate spoiling on submerged lands. 
The proposed project will limit disturbance of submerged 
bottoms to the dredge areas and if silt is carefully 
controlled, the project will have significantly less 
adverse effects on marine biological resources than 
would the original application. 

Game and Fresh Water Fish Commission - Recommends 
that all spoil material be placed on upland rather 
than stockpiling alongside channels and subsequently 
backfilling channels. 

Department of Pollution Control - No objection. 

Staff recommends issuance of Dredge Permit 253.123-1125 and waiver 
of payment for material, as the material will be placed on Depart- 
ment of Transportation right of way . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Dickinson, seconded by Mr. Stone and carried 
unanimously, the Trustees approved the dredge permit without 
charge for the material as recommended by the staff. 



-16- 

COLLIER COUNTY - Fill Permit No. 253.124 (8) -295 
(April 13, 1972) 

APPLICANT: Everglades City Properties, Inc. 

c/o Edward S. Jaffry, Suite 700, Tallahassee Bank 
Building, Tallahassee, Florida 

PROJECT: To construct a seawall 1 foot landward of the existing 
deteriorated wooden seawall and to reclaim a strip of 
land 800 feet long varying in width from feet to 
16 feet which has been lost due to failure of the 
wooden seawall and avulsive action caused by boat 
traffic. 

LOCATION: Barron River in Section 14, Township 5 3 South, Range 
29 East, Collier County. 



7-5-72 



10 



MATERIAL: Needed for backfilling will come from upland sources. 
PAYMENT: None. Sovereignty land not involved. 



STAFF 
REMARKS : 



ECOLOGICAL 
RESPONSES: 



Inquiry of a Collier County contractor indicates that 

the use of riprap would require extensive dredging 

to construct an underwater berm to serve as a foundation 

for the riprap. The contractor also indicated that 

the riprap might not stay in place as the currents 

in this area would probably erode away the berm. 



Department of Natural Resources - Reconstruction of 
this old seawall and filling the narrow strip of 
submerged land should not have significant adverse 
effects on marine biological resources providing 
siltation is carefully controlled. 

Game and Fresh Water Fish Commission - Suggests that 
the applicant consider utilizing riprap in place of the 
vertical seawall and that the structure be established 
at or behind the existing mean high water mark. 



Department of Pollution Control 
certification. 



Project exempt from 



Staff recommends issuance of Permit 253 .124 (8) -295 , provided silta- 
tion during construction is carefully controlled . 

ACTION OF THE TRUSTEES: 

Mr. Kuperberg said the staff attempted to have riprap used, as it is 
a beautiful natural river, but was told it would not work. 

Motion was made by Mr. Dickinson, seconded by Mr. Conner and 
carried unanimously, to approve the permit provided siltation 
during construction is carefully controlled. 



-17- 

LEASES OF SOVEREIGNTY LANDS IN LIEU OF LICENSE FOR THE OPERATION 
OF A MARINA 

The staff has prepared guidelines for issuance of marina licenses. 
However, a situation has arisen with respect to the manner in which 
the Trustees under current and proposed regulations authorize the 
use of submerged lands for the operation of a marina. A request for 
the granting of a long-time lease has been received but consideration 
appears to be precluded by the policy of the Trustees established 
July 21, 1970, which limits the term of a lease to 10 years. 

The staff desires instruction from the Board with respect to requests 
for private marina leases, and for terms exceeding 10 years. 

Mr. Kuperberg explained that in the course of revising the existing 
marina license rule the staff received the application of Old Port 
Cove Condominiums (#19 on the agenda), holder of Marina License ML- 3, 
for a 2 5-year lease to operate a marina in Lake Worth. The present 
license was stated as being unacceptable to lending agencies as 
security and applicant had asked for a lease rather than a license. 

In reviewing and revising marina licensing rules for consideration by 
the Board, -the staff had difficulty because of diversity of marinas 
in size, structures and usage. Furthermore, policy guidance was 
needed with respect to whether it was in the public interest or not 
contrary to the public interest to lease submerged bottoms for extended 
periods and to attempt to project the kind of environmental controls 
that might be required 25 years from today. 

The Attorney General said a new rule could be adopted as the Board 
had legal authority to grant leases for more than 10 years, that rules 
should be comprehensive to include all structures in the water, rates 



7-5-72 



11 



should be accelerated with provision for reviewing prices every 10 
years to insure fair compensation to the state. The Governor also 
considered the present rate inadequate and favored a progressive rate. 

Treasurer O'Malley suggested clarification of some of the rules, 
payment of rental adjusted to take into consideration the gross 
income, and emphasized the problems of waste disposal. He asked the 
Director to consider relevant federal and local regulations, parti- 
cularly the ordinance of the City of North Bay Village in Dade County. 

Comptroller Dickinson commended the Old Port Cove marina operation 
and said their problem was shared by others, as use of the term 
"license" affected ability to secure long-range financing. He asked 
the staff to study all possibilities and prepare alternatives for 
consideration by the Board. 

Mr. Gene Potter explained the usage of this marina and the time 
problem. Also speaking for the applicant, Mr. Joe Jacobs said his 
client has worked with the staff to resolve the majority of the 
problems, that the proposed lease requires compliance with federal 
and state standards, but that time was now a big factor. 

The Governor pointed out that the staff was in the process of 
developing marina guidelines, that this particular application 
would act as a catalyst with respect to the possibility of extending 
leases for more than 10 years, and if granted before guidelines are 
adopted, this lease will contain specific requirements. Mr. O'Malley 
added that there should be reasonable and realistic provisions for 
waste collection and disposal. 

Without objection, the Board deferred for two weeks the marina 
guidelines and the request of Old Port Cove Condominiums, instructing 
the staff to prepare specific recommendations for a lease to be 
considered by the Trustees. 



-18- 

PASCO COUNTY - Right of Way Easement 
(May 25, 1972) 

APPLICANT: Board of County Commissioners 

Pasco County, Dade City, Florida 

PROJECT: Highway and bridge construction across the Anclote 
River. Dredging is required to remove original 
bridge approaches from the river bottom. 

LOCATION: 0.2 9 9-acre parcel of submerged land, Sections 21 and 
22, Township 26 South, Range 16 East, Pasco County. 

PAYMENT : None . 

STAFF 

REMARKS: The original bridge was damaged by a storm in September 
1971. The present proposed construction project has 
been reviewed and the Field Operations Division has no 
objections to the project. 

ECOLOGICAL 

RESPONSES: Department of Natural Resources - No objection. 

Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control - No objection. 

OTHERS: The Southwest Florida Water Management District 

recommends that the low bridge member be constructed 
at 18' M.S.L. so as to accommodate the 25-year flood 
frequency. 

Staff requests authority to issue right of way easement. 



7-5-72 



12 



ACTION OF THE TRUSTEES: 



Motion was made by Mr. Dickinson, seconded by Mr. Stone and 
carried unanimously, to grant the requested right of way easement. 



PALM BEACH COUNTY 



-19- 

Marina License ML-3 
(May 23, 1972) 



APPLICANT: Old Port Cove Condominiums 
Post Office Box 2201 
Palm Beach, Florida 33480 

PROJECT: To construct and operate a marina in the waters 
of Lake Worth. Total area occupied is 573,055 
sauare feet. 



LOCATION : 



PAYMENT : 



STAFF 
REMARKS : 



Section 9, Township 42 South, Range 4 3 East, 
Palm Beach County 

$11,461.00 annually 



This application for marina license was approved 
by the Trustees August 11, 1970. The present 
license is not acceptable to lending agencies as 
security. The applicant cannot obtain long term 
financing unless he has a lease covering the 
submerged lands occupied by the marina facility. 

Representatives of the applicant are here and 
would like to be heard. 



ACTION OF THE TRUSTEES: 
Covered in #17 above. 



-20- 

On motion by Mr. Christian, seconded by Mr. O'Malley and carried 
unanimously, the rules were waived for consideration of the 
addendum. 



LEE COUNTY - Construction Permit No. 253. 124 (8) -293 
(April 6, 1972) 

APPLICANT: James L. Leslie 
Box 4 92 
Matlacha, Florida 33901 

PROJECT: To reclaim a strip of land 105 feet long and 
varying in width from to 25 feet, lost by 
artificially induced erosion caused by boat 
traffic, and to install a seawall to connect 
seawalls existing on each side of the property, 

LOCATION: The Northerly part of undivided Lot A of 
Unit 2, Sixth Addition to Island Harbors, 
Section 24, Township 44 South, Range 22 East, 
Lee County, Florida 

MATERIAL : None 

PAYMENT: None. No dredging required. 

STAFF 

REMARKS: Field Operations - No objection. 



7-5-72 



13 



ECOLOGICAL 

RESPONSES* Department of Natural Resources - No objection. 

Game and Fresh. Water Fish Commission - No objection. 

Department of Pollution Control ^ No objection. 

OTHERS; Board of County Commissioners of Lee County 

issued permit in accordance with Section 253.124(8) 
Florida Statutes. 

Staff recommends issuance of Construction Permit No. 253. 124 (8) -293, 
ACTION OF THE TRUSTEES; 

Motion was made by Mr. O'Malley, seconded by Mr. Christian and 
carried unanimously, authorizing issuance of the construction 
permit to James L. Leslie. 



SUNSHINE SKYWAY - Repair Causeway 

Motion was made by Mr. O'Malley, seconded by Mr. Christian and 
carried unanimously, to waive the rules for consideration of a 
request from the Department of Transportation for a repair project 
which might involve 200,000 cubic yards of fill material for 
emergency restoration work on the Sunshine Skyway causeway that 
had suffered damage and should be repaired prior to the possi- 
bility of another storm. 

In view of the extensive amount of material requested without a 
specific presentation to the Board, Mr. Kuperberg asked for 
authority to clear the matter with affected state and federal 
agencies to try to take care of the application if necessary 
to permit the work before the next meeting of the Trustees. 

Governor Askew said the emergency work was needed for the 
safety of the bridge and causeway. 

On motion by Mr. O'Malley, seconded by Mr. Christian and 
Mr. Conner, carried unanimously, the Board gave the staff 
authority to proceed on an emergency basis to authorize the 
Department of Transportation to do the necessary work. 

Mr. Kuperberg reported that the staff was instituting a new 
permitting procedure in the Trustees' office today. 



On motion duly adopted, the meeting wasadjourned 



ATTEST: 




R E S L U T I N 

WHEREAS, Maye T. Peabody began her long career of service 
to the State of Florida in the Land Office of the Department 
of Agriculture in April of 1942, and 

WHEREAS, she has not sought changes in employment but, 
rather, various organizational changes in state government 
have from time to time changed her employment, i.e. , the 
Legislature, in July of 1962, transferred the Land Office from 



7-5-72 



14 



the jurisdiction of the Department of Agriculture to the 
Trustees of the Internal Improvement Fund, followed by a 
Cabinet reorganization of the Trustees' staff in April of 
1964 at which time Maye T. Peabody assumed the responsibilities 
of secretary to the chief of the Engineering Section (now the 
Land Management Division) of the Trustees' office, and 

WHEREAS, she has accepted these changes with equanimity 
while steadfastly and loyally representing her state and her 
immediate employers, and 

WHEREAS, she has assimilated the policies and procedures 
of the Board of Trustees in such a manner as to be thoroughly 
competent to advise the public when they inquire as to the 
processing of various applications, 

WHEREAS, her knowledge has been an important part of the 
Board of Trustees' overall effort to protect the public's 
interest in state-owned lands, and 

WHEREAS, Maye T. Peabody submitted her resignation 
effective May 31, 197 2, in order that she might retire after 
30 years of continuous, faithful service; 

NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees 
of the Internal Improvement Trust Fund, in recognition of her 
outstanding service to the Board of Tru-stees and to the State 
of Florida, does extend to her its official appreciation for 
the high standards she has set for her work, as well as its 
sincere tribute for her dedication in the discharge of the 
responsibilities placed on her as Secretary to the Director 
of the Land Management Division, and 

BE IT FURTHER RESOLVED that the Board of Trustees does 
hereby extend to her its best wishes for success in her 
endeavors in the years ahead. 

IN WITNESS WHEREOF, we place our hands and seals this 
5th day of July, A.D., 1972. 

REUBIN O'D. ASKEW 

GOVERNOR 
(SEAL) 

Board of Trustees of the RICHARD (DICK) STONE 

Internal Improvement Trust Fund SECRETARY OF STATE 

ROBERT L. SHEVIN 
ATTORNEY GENERAL 

FRED 0. DICKINSON, JR. 
COMPTROLLER 

THOMAS D. O'MALLEY 
TREASURER 

FLOYD T. CHRISTIAN 
COMMISSIONER OF EDUCATION 

DOYLE CONNER 

COMMISSIONER OF ' AGRICULTURE 



7-5-72 



15 



Tallahassee, Florida 
July 18, 1972 



The Board of Trustees of the Internal Improvement Trust Fund 
met on this date in the Haydon Burns Auditorium with the 
following members present: 



Reubin O'D. Askew 
Richard (Dick) Stone 
Robert L. Shevin 
Fred 0. Dickinson, Jr , 
Floyd T. Christian 
Doyle Conner 



Governor 

Secretary of State 

Attorney General 

Comptroller 

Commissioner of Education 

Commissioner of Agriculture 



Joel Kuperberg 



Executive Director 



-1- 

The minutes of the meeting of July 5, 1972, were approved as 
submitted. 



PALM BEACH COUNTY 



Moratorium 
(June 19, 1972; 



The Board of County Commissioners of Palm Beach County by 
Resolution No. R-72-200, adopted on April 18, 1972, requests 
the Board of Trustees to exempt from the Palm Beach County 
dredging moratorium submarine water and sanitary sewage lines 
and submarine or aerial electric , telephone and telegraph cable 
crossings of public waters which are deemed to be in the public 
interest. 

Staff recommends that the Board of Trustees accept Resolution 
No. R-72-200 and amend the existing moratorium accordingly . 

ACTION OF THE TRUSTEES : 

Motion was made by Mr. Christian, seconded by Mr. Conner and 
carried unanimously, that Palm Beach County Resolution No. 
R-72-200 be accepted and the existing moratorium amended 
accordingly. 



-3- 



BAY COUNTY - Bulkhead Line 

Right of Way Easement, File No. 
Construction Permit No. 253.124- 



2457-03-253.03 
283 



Applications of the Department of Transportation were withdrawn 
from the agenda at the request of the staff, for further dis- 
cussion on the basis of new information. 



BAY COUNTY - Application for Disclaimer 
File No. 2463-03-253.129 
(June 22, 1972) 

STAFF DESCRIPTION: A parcel of filled sovereignty land in 
St. Andrews Bay abutting Section 16, 
Township 4 South, Range 14 West, Bay County. 

A. CITY AND COUNTY: Panama City, Bay County 

B. APPLICANT: Sudduth Realty Company, Inc. 

Panama City, Florida 



July 18, 1972 



APPLICANT ' S 
REPRESENTATIVE : 



16 



J . Rowe Sudduth 
Panama City, Florida 



D. ACREAGE: 4.67 acres 

E. APPRAISAL: Not applicable 

F. BIOLOGICAL REMARKS: Not applicable 
Remar 

G. STAFF REMARKS: The applicant has made application pursuant 
to Section 253.129, Florida Statutes which provides that "the 
title to all land heretofore filled or developed is herewith 
confirmed in the upland owners and the Trustees shall on 
request issue a disclaimer to each such owner." 

Three affidavits have been submitted that show that the 
parcel was in place prior to May 29, 1951. 

$100 processing fee has been submitted. 

Staff requests authority to issue the disclaimer . 

ACTION OF THE TRUSTEES : 

Motion was made by Mr. Christian, seconded by Mr. Conner and 
carried unanimously, authorizing issuance of the disclaimer. 



LEON COUNTY 



-5- 

Drainage Easement 
(May 9, 1972) 



APPLICANT: Department of Transportation 

REQUEST: Easement for road drainage. 

LOCATION: An area 50 feet wide and 981.5 feet long in 
Section 29, Township 1 North, Range 1 East, 
Leon County, containing 1.13 acres, more or less. 

The proposed drainage ditch is to be located on a part of the 
Sunland Hospital property. The area originally proposed 
has been relocated at the request of the hospital . The 
Department of Health and Rehabilitative Services has reviewed 
and approved the easement as relocated. 

Recommend issuance of the easement to Department of Transportation 
for drainage purposes only~ 

ACTION OF THE TRUSTEES: 

Motion was made by Mr. Christian, seconded by Mr. Conner and 
carried unanimously, authorizing issuance of easement for 
drainage purposes only. 



-6- 

PALM BEACH COUNTY - Right of Way Easement, 
File No. 2471-50-253.03 
(May 31, 1972) 

APPLICANT: Department of Transportation 

Burns Building, Tallahassee, Florida 

PROJECT: Highway construction for Road 1-95 in Palm Beach 
County. 

LOCATION: 0.06-acre parcel of Lake Clarke reclaimed land in 

Lot 5, Section 16, Township 44 South, Range 4 3 East, 
Palm Beach County. 

MATERIAL : None . 

PAYMENT : None . 



July 18, 1972 



17 



ECOLOGICAL 

RESPONSES: Not applicable, no submerged land is involved. 

Staff requests authority to issue the right of way easement . 

ACTION OF THE TRUSTEES: 

Motion was made by Mr. Christian, seconded by Mr. Conner and 
carried unanimously, authorizing issuance of the right of way 
easement requested by the Department of Transportation. 



-7- 

COLLIER COUNTY - Artificial Reef Permit No. 253.03-327 
(January 12, 1972) 

APPLICANT: Deltona Corporation (MIDC) 

3250 Southwest Third Avenue, Miami, Florida 33129 

PROJECT: To construct an artificial reef in 30 feet of water in 
the Gulf of Mexico. The reef will have a minimum 
clearance of 15 feet at mean low water. The reef will 
be constructed of a barge, two cranes, dredge pipe, 
concrete rubble and used tires . The reef will be 
adequately marked with can bouys . 

LOCATION: The geographic coordinates are as follows: 

Latitude 25° 52' 42" North; Longitude 81°49' 08" West 
Latitude 25° 52' 42" North; Longitude 81° 47' 38" West 
Latitude 25° 51' 46" North; Longitude 81° 47' 38" West 
Latitude 25° 51' 46" North; Longitude 81° 48' 08" West 

PAYMENT: $50 processing fee received January 12, 1972. 

STAFF 

REMARKS: Field Operations Division - No objection. 

ECOLOGICAL 

RESPONSES: Department of Natural Resources - No objection. 

Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control - No objection. 

Staff recommends issuance of Artificial Reef Permit No. 253.03-327 , 

ACTION OF THE TRUSTEES: 

Motion was made by Mr. Stone, seconded by Mr. Christian and 
carried unanimously, to approve issuance of the artificial 
reef permit to the applicant. 



OKALOOSA COUNTY - Dredge Permit No. 253.123-1046 - Refund 

APPLICANT: Ruckel Properties, Inc. 

Post Office Box 187, Valparaiso, Florida 

On June 20, 1972, the application for a dredge permit for a 
channel in Rocky Bayou was denied by the Board of Trustees, 
based on the adverse comments of the Department of Pollution 
Control. 

Request authority to issue refund of $191 tendered by this 
applicant as payment for materials 

ACTION OF THE TRUSTEES: 

The Director said that refund was for payment for material that 
was not dredged, and not the processing fee. 

Motion was made by Mr. Christian, seconded by Mr. Stone and 
carried without objection, authorizing issuance of refund of 
$191. 



July 18, 1972 



18 



PASCO COUNTY - Construction Permit No. 253.123-1181 
(May 25, 1972) 



APPLICANT: 



PROJECT: 



LOCATION: 



MATERIAL: 



PAYMENT : 



STAFF 
REMARKS : 



Board of County Commissioners of 

Pasco County 
Dade City, Florida 

To dredge to restore the river bed to its original 
cross section, construct a new bridge and remove the 
existing Bailey Bridge crossing the Anclote River at 
Cedar Boulevard adjacent to the east boundary of Anclote 
River Acres - Unit One, a recorded subdivision in Pasco 
County. 

A parcel of sovereignty land containing 0.3 acre more 
or less in Sections 21 and 22, Township 26 South, 
Range 16 East, Pasco County. 

510 cubic yards to be removed from the bridge construction 
limits 80' x 90' to an elevation of -2.0. 

Pasco County requests waiver of payment since the 
material will be used on county owned property. 

Field Operations Division - No objection. 



ECOLOGICAL 

RESPONSES: Department of Natural Resources - No objection. 

Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control - No objection. 

OTHERS: Southwest Florida Water Management District - No objec- 
tion. 

Staff recommends issuance of Permit 253.123-1181 to restore the bed 
at the Anclote River to its original contour in the area of the 
bridge right of way . 

ACTION OF THE TRUSTEES : 

On motion by Mr. Christian, seconded by Mr. Stone and carried 
unanimously, the Board authorized issuance of the construction 
permit for the purpose recommended by the staff. 



Motion was made by Mr. Christian, seconded by Mr. Stone and 
carried unanimously, to waive the rules for consideration of 
the following applications that had been placed on addendum 
agenda after printing of the original agenda for this date. 



POLK COUNTY 



-10- 

Application to Purchase Land 
File No. 2435-53-253.36 



At the request of State Treasurer O'Malley, the Board deferred 
consideration of the application from Despard Constructors, Inc , 
to purchase 0.27 acre parcel of filled reclaimed lake bottom 
land abutting Government Lot, Section 4, Township 29 South, 
Range 26 East, Lake Lulu, in Polk County. 



July 18, 1972 



DADE COUNTY 



19 



-11- 

Fill Permit No. 253.124-237 
(May 25, 1972) 



On June 6, 1972, consideration of this permit application was 
deferred 2 weeks at the request of the State Treasurer. 

APPLICANT: Town of Bay Harbor Islands 
9 665 Bay Harbor Terrace 
Miami Beach, Florida 33154 

PROJECT: To extend the existing seawall on each side of the 
existing causeway and place riprap along the toe 
of the seawall and to back fill with material from 
upland sources. 

LOCATION: Biscayne Bay, Township 52 South, Range 42 East, 
Dade County. 

MATERIAL: Fill material will be from upland sources. 

PAYMENT: None. Sovereignty lands not involved. 



STAFF 
REMARKS ; 



ECOLOGICAL 
RESPONSES: 



OTHERS 



This item is placed on the agenda at the request of 
Comptroller Dickinson. 

Department of Natural Resources - Project has been 
modified to agree with the recommendations of 
Department of Natural Resources. 

Game and Fresh Water Fish Commission - Objects to 
the project. 

Department of Pollution Control - No objection. 

Mrs. Stanley Goldberg, Member, Board of County 
Commissioners - opposes the construction of the 
seawall . 



Staff recommends issuance of Fill Permit 2 53.124-237. 
ACTION OF THE TRUSTEES: 

Mr. Kuperberg said the staff had not received information 
regarding any problem that had not been considered, and while 
there obviously were problems of jurisdiction between the 
communities, the staff found them to be beyond the jurisdiction 
of the Trustees. The Legislature conveyed the bottoms on which 
the causeway stands to the Town of Bay Harbor Islands and the 
staff considered it in the public interest to allow a seawall 
to be constructed as a protection to the public right of way. 
The plan had been modified as recommended by the Department of 
Natural Resources, the only environmental agency objecting was 
the Game and Fresh Water Fish Commission. The staff recommended 
issuance of the fill permit. 

Mr. Shepard Broad, Mayor of Bay Harbor Islands, answered 
questions and explained the need to complete the seawall to 
contain the causeway embankment. City Engineer Carl H. Peterson 
said it was necessary in his professional opinion, he had 
recommended it some years ago, and the town had awaited 
accumulation of sufficient funds for the construction. 

Mr Charles Lee of the Florida Audubon Society and Tropical 
Audubon Society objected that it was not necessary to broaden 
the causeway or stabilize the shoreline, that it would further 
malign North Biscayne Bay without benefit to the public. 

Mr Elmore Kerkela, President of Dade County Association of 
Unincorporated Areas, also objected to the filling and suggested 
that the causeway should be returned to the state and Dade County. 



July 18, 1972 



20 



Mr. Martin D. Kahn, attorney for the City of North Miami linked 
to the applicant town by this causeway, objected that North Miami 
did not desire a service station or toll facility any nearer than 
at present. 

Mr. Kuperberg reported having received a telephone call this 
morning from Commissioner Joyce Goldberg. Mr. Stone added that 
she requested further postponement. 

Attorney General Shevin asked if the town would accept an amend- 
ment to limit any commercial development, and Mayor Broad 
explained that no other use was contemplated than that for the 
last 20 years, that they asked only for a permit for a seawall. 

Governor Askew said the decision should be based on what was 
properly before the Trustees, whether in the opinion of the 
staff and Executive Director Kuperberg it was in the public 
interest to stabilize the causeway. 

Motion to approve the application was made by Mr. Dickinson, 
seconded by Mr. Christian and passed on a vote of six to one, 
with Attorney General Shevin voting in the negative. 



-]2- 

REQUEST TO TAKE APPROPRIATE LEGAL ACTION 

The staff has unsuccessfully attempted to negotiate settlement 
on two matters. The first involves the unpermitted borrowing 
of approximately 880,000 cubic yards of material off Rockland 
Key in Monroe County by Charley Toppino and Sons, Inc., and 
any related violations. The second involves deviation from a 
dredge permit by West Valley Estates, Inc., in Deep Lagoon, Lee 
County, during the fall of 1971, by which approximately 39,000 
cubic yards of fill material was illegally taken and three 
acres of productive grass bottoms lost. 

Staff requests authority to institute appropriate legal 
proceedings in both matters. 

ACTION OF THE TRUSTEES: 

The Director advised that a telegram had been received from the 
attorney for West Valley Estates, Inc., asking for deferral. 

At the request of the Comptroller, the Trustees deferred consid- 
eration of item 12 for two weeks. 

In response to Mr. Kuperberg' s request for direction for the 
staff, Mr. Christian indicated that litigation appeared to be 
necessary, but both items would be considerated by the Board in 
two weeks. 



-13- 

HILLSBOROUGH COUNTY - Construction Permit No. 2181 
Fill Permit No. 253.124-317 
(May 12, 1972) 

APPLICANT: Tampa Port Authority 

811 Wynkoop Road, Post Office Box 2192 
Tampa, Florida 33601 

PROJECT: Construction of bulkheads, dolphin type pilings, 
and wharves at Hookers Point in Hillsborough Bay 
at Tampa, Florida. 

LOCATION: In Section 31, Township 29 South, Range 18 East and 
Sections 29 and 32, Township 29 South, Range 19 East 
Southern Land Cut "D" Channel and East Bay Channel 
and Turning Basin, Hillsborough County. 

MATERIAL: None; no dredging required. All material needed will 
come from upland sources. 



July 18, 1972 



21 



PAYMENT: Not applicable. No state-owned sovereignty lands 
involved. 



STAFF 
REMARKS 



Field Operations - No objection, 



ECOLOGICAL 

RESPONSES: Department of Natural Resources - No ob:ection. 

Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control - Certificate issued, 
No objection. 

OTHERS: Flood Control District - No comment. Project lies 
outside District boundaries. 

Tampa Port Authority issued TPA Permit 72-2. 

Staff recommends issuance of construction permit 2181 and fill 
permit 253.123-317 . 

ACTION OF THE TRUSTEES: 

Motion was made by Mr. Stone, seconded by Mr. Christian and 
passed unanimously, authorizing issuance of the construction 
and fill permits to Tampa Port Authority. 



-14- 

MANATEE COUNTY - Dredge Permit No. 253.123-1187 
(May 11, 1972) 

APPLICANT: Florida Power and Light Company 

Room 710, Tallahassee Bank Building 
Tallahassee, Florida 32301 



PROJECT: 



LOCATION: 



MATERIAL : 



PAYMENT : 

STAFF 
REMARKS: 



To connect a proposed upland intake canal with the 

navigable waters of the Little Manatee River. The 

connection will be 15 feet wide by 7 feet deep by 
5 feet long. 

Section 5, Township 33 South, Range 20 East, Manatee 
County. 

15 cubic yards of material is to be removed from 
sovereignty land and placed on applicant's upland. 

$15 tendered as payment at standard yardage rates. 
No objection. 



ECOLOGICAL 

RESPONSES: Department of Natural Resources - Requested comments 

from the Florida Game and Fresh Water Fish Commission. 

Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control - No objection. 

Staff recommends issuance of Dredge Permit No. 253.123-1187, 
subject to a letter of intent from Florida Power & Light 
tha t the waters drawn from the Little Manatee River onto the 
applicant's property shall be made available for public use 
under the direction of the Florida Game and Fresh Water Fish 
Commission . 

ACTION OF THE TRUSTEES: 

Motion was made by Mr. Christian, seconded by Mr. Dickinson and 
passed unanimously, that the staff recommendation be approved as 
the action of the Board. 

On this date the Board of the Department of Natural Resources also 
considered this project and approved diversion of water from 
the Little Manatee River. 



July 18, 1972 



22 



-15- 

DUVAL COUNTY - Construction, Fill Permit 253.124 
Dredge Permit 253.123-1159 
(May 9, 1972) 

APPLICANT: Jacksonville Shipyards, Inc. 

Post Office Box 2347, Jacksonville, Florida 32203 

PROJECT: To remove and relocate an existing bulkhead and 

to perform maintenance dredging in an existing ship 
basin. 233,500 cubic yards of material will be 
removed. Part of the material will be used to 
backfill behind new short steel piling bulkhead. 
The balance will be deposited in an open water 
spoil area previously authorized under Department 
of Army Permit 70-2 and Trustees' Permit 253.123-642, 

LOCATION: St. Johns River in Section 13, Township 2 South, 
Range 2 6 East, Duval County. 

MATERIAL: 233,500 cubic yards of material to be removed from 
applicant's ownership. 

PAYMENT: None. No sovereignty material involved. 



ECOLOGICAL 
RESPONSES: 



Department of Natural Resources - The project is 
located within an existing shipyard and industrialized 
section of downtown Jacksonville. New bulkheads will 
be placed behind the old bulkhead facilities. The 
mud, sand and silt bottoms in the dredge area are 
deep and unvegetated. Dredging these bottoms should 
not have significant adverse effects on marine biological 
resources . 



OTHERS : 



Game and Fresh Water Fish Commission - No objections 
provided precautions are taken to control siltation 
and turbidity. 

Department of Pollution Control - No objection. 

Duval County - By Resolution 72-490-141 issued a 
construction permit. 



Staff recommends approval of the construction, dredge and fill 
permit 253.123-1159 and 253.124 provided precautions are taken 
to control siltation and turbidity . 

ACTION OF THE TRUSTEES : 

The members had been furnished copies of a letter from Mr. 
Curtis Lovelace withdrawing objections to the permit but 
still objecting to the open water spoil disposal area. 
Mr. Kuperberg said the staff considered it bad practice to 
deposit spoil material in open water but there was no reasonable 
alternative. 

Secretary of State Stone said at his request the objector in 
Jacksonville checked the site and agreed there was no other 
reasonable spoil disposal site. 

On motion by Mr. Christian, seconded by Mr. Stone and passed 
unanimously, the Board approved the construction, dredge and 
fill permits provided precautions are taken to control silta- 
tion and turbidity as recommended by the staff . 



-16- 

PASCO COUNTY - File 24663(774-51; 
(June 19, 1972) 



•253.124 



Block M. Incorporated, a Non-profit corporation, 
Route 4, Box 1908A, Hudson, Florida, applicant 



July 18, 1972 



23 



The Board of Trustees in meeting on July 22, 1969, approved the 
permit issued by Pasco County to Block M, Incorporated, a non- 
profit corporation, to dredge and fill submerged land previously 
conveyed by the Board. The permit expires on July 22, 1972. 

On June 19, 1972, applicant requested a three-year extension of 
the permit. Staff requested additional information before 
action could be taken. This information was hand-delivered on 
July 17, 1972. Staff is unable to obtain the necessary comments 
prior to the agenda date. 

The Commissioner of Agriculture requests this matter be placed 
on the agenda and that the permit be extended for 60 days so 
that up-to-date comments can be obtained from the environmental 
agencies. 

ACTION OF THE TRUSTEES: 

Motion was made by Mr. Stone, seconded by Mr. Conner and passed 
unanimously, that the permit be extended for 6 days as 
requested by Mr. Conner, so that current environmental 
reports might be secured. 



-17A- 

PASCO COUNTY - Construction Permit No. CP216 9 
(July 10, 1972) 

APPLICANT: Tahitian Development Co. 

5403 Aloha Place, Holiday, Florida 33589 

PROJECT: To construct a bridge across the Anclote River for 

public access to applicant's development at SR S-54, 
All construction will be above mean high water mark. 

LOCATION: West 1/2 of Section 22, Township 26 South, Range 16 
East, Pasco County. 

MATERIAL: None- No dredging required. 



PAYMENT : 

STAFF 
REMARKS : 



$100 for construction permit. 

Field Operations Division comments not required. 

This application is submitted as an addendum at 
the request of the Governor's Office. 



ECOLOGICAL 

RESPONSES: Not applicable. 

OTHERS: Southwest Florida Water Management District issued 
Permit No. 72-163 on June 27, 1972. 

Staff recommends issuance of Construction Permit No. 2169 . 
ACTION OF THE TRUSTEES: 

On motion by Mr. Christian, seconded by Mr. Stone and passed 
unanimously, the Trustees approved issuance of the construction 
permit as recommended by the staff . 



-17B- 

PASCO COUNTY - Right of Way Easement No. 2473-51-253.03 
(July 10, 1972) 

APPLICANT: Tahitian Development Co. 

5403 Aloha Place, Holiday, Florida 33589 

PROJECT: Private construction of highway and bridge for 
public access, State Road S-54. 

No dredging or filling is required. 



July 18, 1972 



LOCATION: 



PAYMENT : 



24 



0.103-acre parcel of sovereignty land in the Anclote 
River in the West Half of Section 22, Township 26 
South, Range 16 East, Pasco County. 



STAFF 
REMARKS : 



The applicant is obligated to dedicate the highway 
and bridge to Pasco County upon completion of the 
construction. 

This item is submitted as an addendum at the request 
of the Governor's Office. 



ECOLOGICAL 

RESPONSES: Not applicable. 

OTHERS: 1. The Department of Transportation has reviewed the 
preliminary plans and finds them satisfactory. 

2. Southwest Florida Water Management District issued 
its permit to construct a bridge across the Anclote 
River. 

Staff requests authority to issue right of way easement . 

ACTION OF THE TRUSTEES: 

Motion was made by Mr. Christian, seconded by Mr. Stone and 
passed unanimously, that the right of way easement be approved. 

Mr. Kuperberg stated that both of the applications from Tahitian 
Development Company were held until the bottom members of the 
bridge could be elevated in conformance with the recommendation 
of Southwest Florida Water Management District. 



PALM BEACH COUNTY 



Old Port Cove Condominiums 



On July 5 the Board discussed an application from Old Port Cove 
Condominiums, holder of Marina License ML-3, for a 25-year 
lease of the sovereignty lands and the staff was instructed 
to prepare recommendations to be considered by the Trustees. 

Negotiations by the staff and the applicant's attorney failed to 
resolve differences with respect to the lease term and the basis 
of compensation. Additional safeguards and further modifications 
recommended by the staff were discussed by Mr. Sherman Weiss, 
Trustees' staff counsel, including applicant's request for a 
25-year term with one five year option, staff proposal for 
renegotiation in 10 years with respect to rental payable to the 
state for use of the submerged land covered by lease, a covenant 
against erection of structures on the sovereignty land for the 
conduct of any business other than a marina, and applicant's 
request for right to cancel on 90 days' notice. 

While the applicants had explained a time problem, there had 
been insufficient time for the staff to resolve the differences. 
Mr. Kuperberg felt that disposition of differences depended 
on the applicant agreeing to a lease provision for renegotiation 
of rental. As a lease would commit state lands for 30 years, the 
staff needed guidance from the Board as to whether the staff 
position for renegotiation was proper. 

Mr. Thomas M. Ervin, attorney representing the applicant, 
discussed their acceptance of some changes recommended by the 
staff, need for a 25-year term because of requirements of their 
lending institution, and the problem the suggested renegotiation 
of rental would present to his client. He agreed to continue to 
negotiate with the staff during the next two weeks and try to 
work out the lease provisions. 

The Secretary of State recommended that representatives from each 
of the Trustees meet with the staff and the applicant's attorney 
to consider the suggestions and differences and redraft a lease 
for consideration by the Board. 



July 18, 1972 



25 



Governor Askew pointed out that a general state policy and the 
public interest had to be considered with respect to terms of 
leases, and the applicant should try to follow the recom- 
mendations of the staff. 

Comptroller Dickinson recommended that meetings begin today to 
try to complete the working out of those disagreements still 
pending . 



Without objection, action was deferred until the next meeting 
and the staff was instructed to follow the recommendation of the 
Secretary of State that cabinet members' aides assist in the 
negotiations. 



On motion duly adopted, the meeting was adjourned. 



ATTEST: 




Tallahassee, Florida 
August 1, 1972 



The Board of Trustees of the Internal Improvement Trust Fund 
met on this date in the Haydon Burns Auditorium with the 
following members present: 



Reubin O'D. Askew 
Richard (Dick) Stone 
Robert L. Shevin 
Fred 0. Dickinson, Jr. 
Thomas D. O'Malley 
Doyle Conner 



Governor 

Secretary of State 

Attorney General 

Comptroller 

Treasurer 

Commissioner of Agriculture 



Joel Kuperberg 



Executive Director 



Approval of the minutes of July 18 was deferred. 



Motion was made by Mr. Stone and adopted without objection to 
waive the rules for the following matter. 

Attorney General Shevin brought up the application of the Town 
of Bay Harbor Islands for a permit for work on Broad Causeway 
which the Board had approved on July 18. Subsequently, the 
staff received information indicating a problem of jurisdiction 
between the Town of Bay Harbor Islands and the City of North 
Miami and the Executive Director requested an opinion from the 
Attorney General. However, Mr. Shevin felt that since he was 
the only member who voted against the project he should not 
be placed in a position of having to render an opinion that 
might give the appearance of a conflict, and urged that the 
request for his opinion be withdrawn and the staff legal 
counsel be called on to furnish the legal opinion on jurisdiction, 

Mr. Kuperberg said the application had been deferred six weeks 
but the evidence indicating a problem of jurisdiction was not 
presented to the staff until the day after the Board's action 
approving the permit. The staff had not yet issued the permit. 



August 1, 1972 



26 



Governor Askew said he considered the Attorney General's request 
proper. The Director was instructed to request an opinion from 
the staff legal counsel and in the event it was determined there 
is not authority to proceed to issue the permit, he was instructed 
to bring the matter back for consideration by the Trustees. 



-2- 

PUTNAM AND FLAGLER COUNTIES - Oil Lease Public Hearing 

On June 20, 1972, a five-year oil and gas drilling lease was 
awarded to Gilbert E. Thayer and Sam F. Davis d/b/a Thayer-Davis 
and Associates covering a portion of Lake Crescent and Government 
Lot 1, Section 27, Township 11 South, Range 27 East, containing 
2,792.09 net mineral acres, more or less. 

Before lease can be issued, it is necessary to hold a public 
hearing to allow interested persons to be heard with respect to 
the issuance of the lease. The hearing is required by Section 
253.52 Florida Statutes, when the lease area lies within a radius 
of three miles of the boundary of any incorporated city or town. 
The corporate boundary of the Town of Pomona Park lies within three 
miles of the lease area. 

Recommend that James T. Williams of the Trustees' staff be 
designated to conduct the public hearing pursuant to law and 
report to the Trustees the results of the hearing . 

ACTION OF THE TRUSTEES : 

Motion was made by Mr. O'Malley, seconded by Mr. Stone and passed 
unanimously, approving the staff recommendation for the public 
hearing. 



-3- 

HILLSBOROUGH COUNTY - Dredge and Construction Permit 253.123-1115 
(May 2, 1972) 

APPLICANT: Cities Service Company 

Post Office Box 3269, Tampa, Florida 33601 

PROJECT: To perform maintenance dredging in Alafia River on 
the applicant's submerged ownership in an existing 
channel 1,300 feet long x 100 feet wide x 32 feet 
deep, and to construct a seawall 500 feet long. 

LOCATION: Section 22, Township 30 South, Range 19 East, 
Hillsborough County. 

MATERIAL: 2,000 cubic yards to be removed. 

PAYMENT: None. No material to be removed from state-owned 
sovereignty land. 



STAFF 
REMARKS : 



Field Operations Division has no objection. 



ECOLOGICAL 

RESPONSES: Department of Natural Resources has no objection. 

Game and Fresh Water Fish Commission has no objection. 

Department of Pollution Control has no objection. 

OTHERS: Tampa Port Authority Permit 71-25 granted January 11, 
1972. 

Staff recommends issuance of Dredge Permit 253.123-1115 and 
Construction Permit for seawall. 



August 1, 1972 



27 



ACTION OF THE TRUSTEES 



Motion was made by Mr. O'Malley, seconded by Mr. Stone and 
passed unanimously, authorizing issuance of the dredge and 
construction permits recommended by the staff. 



SANTA ROSA COUNTY - Permit No. ML-38 
(June 7, 1972) 

APPLICANT: City of Gulf Breeze 

Post Office Box 640, Gulf Breeze, Florida 32561 



PROJECT: 



Annual renewal of marina license. 



LOCATION: Section 9, Township 3 South, Range 29 West, 

Santa Rosa County, containing approximately 470 square 
feet in Santa Rosa Sound. 

PAYMENT: None. Payment for marina license waived by the Board 
of Trustees. 

Staff recommends renewal of Marina License ML-38 . 

ACTION OF THE TRUSTEES : 

Motion was made by Mr. O'Malley, seconded by Mr. Dickinson and 
Mr. Conner, passed unanimously, approving renewal of Marina 
License ML-38 . 



PALM BEACH COUNTY - Easement for Water and Sewer Lines 
(June 12, 1972) 

APPLICANT: City of Boca Raton 

REQUEST: Easement for construction and maintenance of water 
and sanitary sewer facilities. 

LOCATION: Florida Atlantic University - several parcels varying 
in width from ten to sixty feet in Sections 13 and 
18, Township 47 South, Range 42 East, Palm Beach County. 

The Facilities Committee of the Board of Regents reviewed and 
approved the requested easement on June 4. 

Recommend issuance of the easement for water and sanitary sewer 
facilities only . 

ACTION OF THE TRUSTEES : 

Motion was made by Mr. O'Malley, seconded by Mr. Stone and 
passed unanimously, authorizing issuance of the easement for 
water and sanitary sewer facilities only. 



-6- 



DUVAL COUNTY 



APPLICANT: Associated Investment and Development Corporation 
Represented by: Mr. Kenneth Kongeal 

Akel, Lagon and Shafer 
110 Riverside Avenue 
Jacksonville, Florida 32202 

VIOLATION: Associated Investment and Development Corporation 
constructed three unauthorized canal connections 
to the Nassau River on Pearson Island, Duval County. 
One connection has been plugged by Associated Develop- 
ment. 



August 1, 1972 



28 



SETTLEMENT 

PROPOSAL: Associated Investment will convey to the state the 
unsurveyed portion of the west 1/2 of Section 33, 
Township 2 North, Range 27 East, Duval County, Florida, 
South of the Nassau River, consisting of approximately 
220 acres of marsh land. 

In return, the Board of Trustees shall grant permits 
for the two open canal connections "A" and "B" , and 
shall dedicate to the public a 100' x 620' road right- 
of-way now existing on state-owned land immediately 
adjacent to Pearson Island and offering the only 
existing land access to Pearson Island. 

STAFF 

REMARKS: Staff agrees to the proposed settlement. 

ECOLOGICAL 

RESPONSES: Department of Natural Resources - Describes the area 

to be deeded to the state as very productive and 

important to wildlife. 

Game and Fresh Water Fish Commission - Approves the 
settlement. 

Department of Pollution Control - No objection to the 
settlement. 

Staff Recommendation: Acceptance of the proposal with the condition 
that Associated Investment re-plug the third canal connection, "C", 
i n such a manner as to insure its permanence. The existing plug 
"h as become seriously eroded and threatens to wash out entirely . 

ACTION OF THE TRUSTEES: 

Mr. Kuperberg said the Corps of Engineers had no objection to the 
settlement that had been worked put. 

On motion by Mr. O'Malley, seconded by Mr. Stone and passed 
unanimously, the Trustees accepted the proposed settlement subject 
to the condition recommended by the staff. 



DUVAL COUNTY - Construction Permit No. 253.123-1089 
(March 29, 1972) 



APPLICANT: 



PROJECT : 



LOCATION; 
MATERIAL : 



PAYMENT : 



STAFF 
REMARKS : 



Frank W. Houpt 

3322 Heathcliff Lane 

Jacksonville, Florida 32217 

To dredge a 50' x 50' boat slip on sovereignty lands 
adjacent to the Intracoastal Waterway at Lots 6 and 
7 of Pablo Island Unit 1, a recorded plat in 
Jacksonville, Florida. 

Section 6, Township 3 South, Range 2 9 East, Duval County. 

33 1/3 cubic yards to be removed from a triangular 
parcel of submerged land at the southeasterly corner 
of project area. 

$33.33 has been paid at standard rates for material. 
Field Operations - No objection. 



ECOLOGICAL 

RESPONSES: Department of Natural Resources - No objection. 

Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control - No objection. 

OTHERS: Florida Insland Navigation District - No objection. 



August 1, 1972 



29 

Staff recommends issuance of a state construction permit to 
dredge a boat slip as shown on plans submitted . 

ACTION OF THE TRUSTEES: 

Motion was made by Mr. O'Malley, seconded by Mr. Stone and 
Mr. Conner, and passed unanimously, authorizing issuance of 
state construction permit to dredge according to the plans 
submitted. 



-8- 

PALM BEACH COUNTY - Navigation Dredge Permit No. 253.123-1075 
(March 14, 1972) 

APPLICANT: William K. Hyotlaine 

Post Office Box 413, Jupiter, Florida 33458 

PROJECT: Dredge to improve navigation in sovereignty bottoms 

within the east right of way of Intracoastal Waterway 
at Jupiter, Florida. 

LOCATION: In Government Lot 4, Section 6, Township 41 South, 
Range 4 3 East, Palm Beach County. 

MATERIAL: 230 cubic yards dredged. 

PAYMENT: $230.00 

STAFF 

REMARKS: Field Operations - No objection. 

ECOLOGICAL 

RESPONSES: Department of Natural Resources - No objection. 

Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control - No objection. 

OTHERS: 1. Palm Beach County Area Planning Board - No objection. 

2. Palm Beach County Board of County Commissioners - 
No objection. 

3. Florida Inland Navigation District - No objection. 

Staff recommends issuance of Dredge Permit 253.123-1075 . 

ACTION OF THE TRUSTEES: 

Motion was made by Mr. O'Malley, seconded by Mr. Conner and 
Mr. Stone, and passed unanimously, authorizing issuance of the 
dredge permit. 



Motion was made by Mr. Dickinson, seconded by Mr. Conner and 
passed unanimously, to waive the rules for consideration of the 
following applications that were placed on addendum agenda after 
printing of the original agenda for this meeting. 



=9= 

HENDRY COUNTY - Consideration of Oil and Gas Lease Bids 

On June 20, 1972, at the request of Robert Mosbacher, the 
Trustees authorized advertisement for sealed bids for a five- 
year oil and gas drilling lease covering the reserved one-half 
interest of the Trustees in the petroleum and petroleum 
products in the W 1/2 of Section 19, N 1/2 and SW 1/4 of 
Section 21, N 1/2 of Section 29 and all of Section 31 in 
Township 46 South, Range 31 East, containing 1,760 surface 
acres (880 net mineral acres) in Hendry County. 

Proceeds from the lease will go to Internal Improvement Trust 
Fund. 

The lease requires an annual rental of $1 per net mineral acre, 
$50,000 surety bond, one-eighth royalty, and at least one test 
well every two and one-half years. 



August 1, 1972 



30 



Invitation to bid was advertised pursuant to law in the Tallahassee 
Democrat and the Hendry County News with bids to be opened at 
10:00 A .M. on August 1 for consideration by the Trustees. The 
right to reject any or all bids is reserved . 

ACTION OF THE TRUSTEES: 

Mr James T. Williams, Director of Land Records Division of the 
Susteel' Office, announced that one bid was received in response 
to Advertised notice. Mr. Robert Mosbacher of Houston, Texas 
submitted a bid of $5,372.80, which amounts to a bonus of $5.10 
per acre. The bid was in order and Mr. Williams recommended 
acceptance . 

Motion was made by Mr. Conner, seconded by Mr. Stone and Mr. 
Smiley, and passed unanimously, that the recommendat ion be 
accepted and oil and gas drilling lease be awarded to Robert 
Mosbacher. 



-10- 



PALM BEACH COUNTY - Application to Purchase 
File No. 2434-50-253.36 
(March 3, 1972) 

Staff Description: A parcel of reclaimed Lake Okeechobee 
bottom land in Section 33, Township 41 
South, Range 37 East, 0.077 acre. 

A. CITY AND COUNTY: Canal Point, Palm Beach County. 



B. APPLICANT: 



M. L. Lairsey, et ux. 



C . APPLICANT ' S 

REPRESENTATIVE 



Ralph 0. Johnson, P. A. 

147 Bacom Point Road, Pahokee, Florida 



D . ACREAGE : 

E. APPRAISAL: 

F. PURPOSE: 

G. BIOLOGICAL 
REMARKS : 



0.077 acre. 

Memorandum of appraisal by staff appraiser 
$300 for the parcel 

Private residence. 



Not applicable. 



H " REMARKS- The parcel is landward of Lake Okeechobee 

Hoover Levee and the Florida East Coast 
Railroad. 

On June 6, the Board authorized advertise- 
ment for objections only. No objection 
to the sale has been received. 

I OTHERS: (1) The applicant believes that such sale would be 
in the public interest as required by Article X, Section 11 
or the Constitution of the State of Florida for the following 
reasons : 

(a) The lands have been filled lands for many years. 

(b) Public access to the lands is blocked because of 
private ownership on all sides of the parcel sought 

to be purchased, except to the westerly side, which is 
bordered by the Florida East Coast Railroad right of 
way. 

(c) None of the lands in fact front upon any presently 
existing navigable waters. 

(d) The property has no practical or suitable use for 
recreational or public purposes because of its size 
and location. 



August 1, 1972 



31 



Accordingly, applicant would appreciate your giving this matter 
special consideration because of the hardship to the land owner 
in making any improvements, or plans for further use of his 
property, and in view of the fact that such would not seem 
to be prejudicial to the public interest. 

The building has existed for many years and until a recent 
survey, the owners did not know of the encroachment. The 
original owners are now deceased and the applicants are 
purchasers from the estate of the decedents. They desire 
to repair and improve the property. 

(2) Central and Southern Flood Control District advises 

that the parcel does not involve District responsibilities or 
facilities and, therefore, the District has no comment. 

(3) Letter dated July 10 to the Trustees' office from Mr. Robert 
F. Culpepper, Chairman of the Board of County Commissioners 
of Palm Beach County, advised that the Board of County 
Commissioners in its meeting July 6 voted in favor of the 
granting of this application. 

j. Recommend sale at the appraised price of $300, applicant to 
submit $175 for appraisal fee . 

ACTION OF THE TRUSTEES : 

Commenting on the small size of the parcel of reclaimed land 
bounded on all sides by upland and with a railroad right of 
way and the dike between the parcel and the lake, Mr. Kuperberg 
said the staff felt it was in the public interest to resolve the 
matter . 

On motion made by Mr. Stone, seconded by Mr. Conner and carried 
unanimously, the Board approved the sale at the appraised price 
and payment by the applicant of the $175 appraisal fee. 



-11- 

POLK COUNTY - Application to Purchase Land 

File No. 2435-53-253.36, 0.27 acre, more or less 
(September 8, 1972) 

Staff Description: A parcel of filled reclaimed lake bottom 
land abutting Government Lot, Section 4, 
Township 29 South, Range 26 East, Lake Lulu. 



A. CITY AND COUNTY: 

B. APPLICANT: 



Polk County 

Despard Constructors, Inc. 

Post Office Box 2237, Winter Haven, Florida 



APPLICANT ' S 
REPRESENTATIVE : 



William J. Roberts 

Post Office Box 1386, Tallahassee, Florida 



ACREAGE : 

RATE PER ACRE: 



APPRAISAL: 



F. PURPOSE: 



0.27 acre, more or less 
Appraised value 

By staff Appraiser - Sale 0.27 acres, 
value of $4,280, Easement 0.112 acre, value 
of $1,775. 
Residential townhouses . 



G. BIOLOGICAL REPORT: Not applicable 

H. STAFF REMARKS: The Board of Trustees on April 22, 1968, 
authorized the issuance of a dredge and fill permit to the 
applicant for the purpose of improving his upland with material 
from Lake Lulu. The Game and Fresh Water Fish Commission had 
no objection to the project. All material removed from Lake 
Lulu was to be placed landward of the ordinary high water line. 



August 1, 1972 



32 



An application was made for a dock permit. The survey furnished 
with this application was prepared on March 19, 1968, and was 
in conflict with the one furnished with the dredge and fill 
application. 

By letter on May 20, 1968, the Trustees' staff notified the 
applicant's surveyor of the discrepancies between the two 
surveys, that fill could not be placed in the additional area 
shown in the later survey, and suggested that his client make 
application to purchase the additional area as reclaimed lake 
bottom land. 

On July 24, 1968, Mr. Despard requested a refund of monies paid 
for material since he decided not to take material from Lake 
Lulu. 

On August 8, 1968, in response to Mr. Despard ' s request for 
refund, the staff wrote to Mr. Despard telling him of a possible 
encroachment based on the comparison between the 1952 and 1968 
surveys, and that in order for him to protect his interest and 
to remove any doubt about an encroachment on reclaimed lake 
bottom land, we should be furnished an up-to-date survey showing 
thereon the original G. L. O. meander line and the normal 
ordinary high water line of Lake Lulu. There was no response to 
this letter until June 18, 1971, when a letter was received 
from a surveyor requesting we quitclaim this land to Mr. 
Despard. 

Lake Lulu has been lowered and the controlled elevation is 
131.2 feet above mean sea level. The land lying between the 
controlled elevation and the original ordinary high water line 
would be classified as reclaimed lake bottom land. In lieu of 
other evidence it has been the practice of the staff to accept 
the G. L. 0. meander corners as an indication of the elevation 
of the ordinary high water line. 

The applicant has built several apartments on his upland and 
what may be reclaimed lake bottom land. The survey furnished 
the bank for permanent financing indicated parts of the 
building were constructed lakeward of the G. L. 0. meander 
line. Permanent financing is being held up pending title 
clearance . 

The section corner used by local surveyors to locate the 
G. L. 0. meander line has not been proven to be the true and 
correct corner. Local surveyors indicate that they think 
this corner may be as much as two hundred feet east of the 
true corner. If this is true then the apparent encroachment 
may be non-existent. 

The original lender is about to foreclose its interest in 
the apartments. This would relieve Mr. Despard of his 
problem but would not resolve anything since the apparent 
encroachment would still exist. 

Mr. Despard would like to purchase that part of the reclaimed 
lake bottom land upon which the apartments are built and 
obtain an easement or lease over the balance of the land. The 
amount to be purchased is approximately 0.27 of an acre, and 
the lease area 0.112 of an acre. 

Advertisement for objections only was authorized by the Board 
on April 25, 1972. No objection has been received. 

Staff recommends sale at the appraised price and requests 
authority to issue deed and easement . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Stone, seconded by Mr. Dickinson, passed 
without objection, the Board approved the sale of the 
0.27 acre parcel of reclaimed land at the appraised price and 
authorized issuance of the easement as recommended by the staff. 



August 1, 1972 



33 



-12- 

PALM BEACH COUNTY - Erosion Control Line 
(June 29, 1972) 

APPLICANT: J. Eldon Mariott 

City of Delray Beach 

100 Northwest First Avenue, Delray Beach, Florida 

PROJECT: Requests the Board of Trustees to establish an erosion 
control line in accordance with the provisions of 
Section 161.151, Florida Statutes, for the purpose 
of nourishing 15,096 lineal feet of eroded beach. 

LOCATION: Atlantic Ocean adjacent to Sections 9, 10, 15, 16, 
21 and 28, Township 46 South, Range 43 East, Palm 
Beach County . 

MATERIAL: 2,000,000 cubic yards of material for beach nourish- 
ment will be obtained from an offshore borrow area. 

PAYMENT: None. Material will be placed on sovereignty land. 



ECOLOGICAL 
RESPONSES: 



:r:-:z?.s 



Department of Natural Resources - Certifies that severe 
beach erosion has occurred in this area and the 
northerly portion of the beach has been destroyed 
and the southerly portion may be destroyed in the 
immediate future unless a publicly financed 
program is undertaken. 

City Council of City of Delray Beach by Resolution 8-72 
requests the Board of Trustees to establish an erosion 
control line for beach nourishment purposes. 



Staff recommends authority to advertise that the Board of Trustee s 
or its desi-r.ee '.•."ill hold a public hearing in the Delray 3eac: 



City Hall at 10:00 A.M. 



on Septem 



72, 



considering evidence bearing or. the necessity or propriety 
of the beach nourish.~ent or restoration program and/or on the 
proposed location of the erosion control line . 

ACTION OF THE TRUSTEES : 

Motion was made by Mr. Conner, seconded by Mr. Stone and 
passed unanimously, approving the staff recommendation for 
a public hearing. 



-13- 

REQUEST TO TAKE APPROPRIATE LEGAL ACTION 

The staff has unsuccessfully attempted to negotiate settlement 
on two matters. The first involves the unpermitted borrowing 
of approximately 880,000 cubic yards of material off Rockland 
Key in Monroe County by Charley Toppino and Sons, Inc., and 
any related violations. The second involves deviation from a 
dredge permit by West Valley Estates, Inc., in Deep Lagoon, Lee 
County, during the fall of 1971, by which approximately 39,000 
cubic yards of fill material was illegally taken and three 
acres of productive grass bottoms lost. 

Staff requests authority to institute appropriate legal 

proceedings in both ~= tters . 

With respect to the request by the staff to take legal action 
in two instances, the Trustees approved the request to with- 
draw the first from the agenda because legal counsel for 
Charley Toppino and Sons, Inc., had indicated a wish to 
negotiate further. 

At the request of Commissioner Conner, the Board deferred action 
for two weeks on the West Valley Estates, Inc., case. 



August 1, 1972 



34 



On motion by Mr. O'Malley, seconded by Mr. Stone and passed 
without objection, the Board waived the rules to take up the 
second printed addendum to the agenda. 



PALM BEACH COUNTY 



APPLICANT: 



-14- 

Lease for Marina Purposes 
(May 23, 1972) 



Old Port Cove Condominiums 

Post Office Box 2201, Palm Beach, Florida 33480 



PROJECT: To construct and operate a marina in the waters of 
Lake Worth. Total area occupied is 573,055 square 
feet. 



LOCATION: 



PAYMENT : 



Section 9, Township 42 South, Range 43 East, 
Palm Beach County. 

$11,461.00 annually 



STAFF 
REMARKS : 



This application for marina license was approved by the 
Trustees on August 11, 1970, and applicant now holds 
such marina license. However, the present license is 
not acceptable to lending agencies as security. The 
applicant cannot obtain long-term financing unless 
he has a lease covering the submerged lands occupied 
by the marina facility. 

The applicant has worked with staff to reach the 
terms of the lease and distributed copies of the 
proposed lease on July 27, 1972. The only portion 
of the proposed lease unacceptable to staff is 
Paragraph 1C by which the Board can increase the 
floor rental every fifth year by 20£ per 100 square 
feet. Staff does not feel this provision sufficiently 
hedges against significant inflation in accordance with 
the 10% yearly increase allowed by current marina lease 
regulation. Hence, staff recommends that the following 
clause be substituted for the applicant's Paragraph 1C : 

At the end of the fifth year and every five years 
thereafter during the life of this lease and any renewal 
thereof , the amount of the rent payable under Paragraph 
1A shall be adjusted for price fluctuation during 
the previous five year period based upon the Con- 
sumer Price Index (for all items) published by the 
Bureau of Labor Statistics of the United States 
Department of Labor. The rent under Paragraph 
1A for each five year period after the fifth year 
of the lease shall be computed by dividing the sum 
of $11,461.00, the amount of rent for the initial 
year of the Lease, by the index number for 1972, 
the initial year of the Lease, and then multiplying 
that amount by the average of the index numbers for 
the five year period preceeding that for which the 
rent will be adjusted. In the event that the 
Bureau of Labor Statistics shall change the base 
period (now 1968) for the Cost of Living Index, 
the 1 new index number for 1972 shall be constituted 
for that used as the divisor of the rent specified 
for the initial year of the Lease . 



ACTION OF THE TRUSTEES 



The staff requested a change in wording in the section numbered 
12 on page 6 of the proposed lease, to insert after "payment of 
annual rent" the following words: "and provided that no such 
mortgagee shall thereby acquire any greater right than lessee 
hereunder." The applicant agreed to this change. 



August 1, 1972 



35 



On motion by Mr. Stone, seconded by Mr. O'Malley and carried 
without objection, the Board approved the word change. 

Mr. Kuperberg advised that there was still disagreement with 
respect to paragraph 1C , the question being whether the Board 
should lease land for 30 years without guarantee to the state 
that there will be an increase in payment to the state over the 
years. The staff had provided for an increase in the minimum 
rental or a decrease, depending upon the cost of living index, 
and this had been the major disagreement during negotiations 
with the applicant. 

Motion was made by Mr. O'Malley, seconded by Mr. Shevin, to 
approve substitute Paragraph 1C as recommended by the staff. 
Mr. O'Malley commended Mr. Kuperberg for his insistence on this 
provision in the lease. 

Mr. Tom Ervin, representing the applicant, discussed the rental 
provision in the lease as offered by his client which he felt 
did protect the state without the rent uncertainty, he said, 
that might cause some problem to his client. 

Governor Askew expressed misgivings at the long term of the lease, 
and pointed out that the staff proposal was to give the applicant 
the extended lease term requested, subject to the state being pro- 
tected by the proposed staff provision for base rental adjustment. 

Comptroller Dickinson discussed the proposed guaranteed 
minimum. He thought the applicant should try to accept a 
final decision today. 

The alternate Paragraph 1C recommended by the staff was approved 
on the motion of the Treasurer, seconded by Mr. Shevin and passed 
unanimously. 

On motion by Mr. Stone, seconded by Mr. O'Malley and Mr. Dickinson, 
the lease as amended was approved without objection. 



Mr. Kuperberg brought to the Board's attention the problem in 
Monroe County of a fill pit previously approved by the Trustees 
to provide material for the approaches of Stock Island Bridge, 
where dynamiting of hard rock might damage nearby houses. The 
Department of Transportation requested permission to obtain 
material a short distance away, outside of the permit area. 
Although the proper maps were not available, the Director 
requested authority to permit use of the alternate area subject 
to a Department of Natural Resources report without objections. 

On motion by Mr. O'Malley, seconded by Mr. Stone and passed 
without objection, the rules were waived for consideration of 
the matter. 

Motion was made by Mr. O'Malley, seconded by Mr. Stone and 
unanimously passed, to allow the Department of Transportation 
to use the alternate area subject to a report from the Department 
of Natural Resources. Mr. Kuperberg said the staff would provide 
proper maps and information to confirm the application. 



On motion duly adopted, the meeting was adjourned. 



^j~Mui 



Sfc£l 



ATTEST: 




GOVERNOR - CHAIRMAN 




EXECUTIVE /^"^ DIRECTOR 

* * * * 
August 1, 1972 



36 



Tallahassee, Florida 
August 15, 1972 

The Board of Trustees of the Internal Improvement Trust Fund 
met on this date in the Haydon Burns Auditorium with the 
following members present: 



Reubin O'D. Askew 
Richard (Dick) Stone 
Fred 0. Dickinson, Jr, 
Thomas D. O'Malley 
Floyd T. Christian 
Doyle Conner 



Governor 

Secretary of State 

Comptroller 

Treasurer 

Commissioner of Education 

Commissioner of Agriculture 



Joel Kuperberg 



Executive Director 



-1- 

On motion by Mr. Stone, seconded by Mr. Dickinson and passed 
without objection, the Trustees approved the minutes of July li 
and August 1, 1972, as submitted. 



-2- 

ESCAMBIA, SANTA ROSA, OKALOOSA, WALTON, BAY, GULF, FRANKLIN 
WAKULLA, JEFFERSON AND TAYLOR COUNTIES - Seismic Survey Permit 

(July 11, 1972) 

APPLICANT: Geophysical Service, Inc. 
New Orleans, Louisiana 

REQUEST: Conduct a seismic survey using air gun method which 
will not utilize explosive charges. 

LOCATION: In the Gulf of Mexico, offshore on a line extending 
from the Escambia and Santa Rosa County line east- 
ward to the Jefferson and Taylor County line. 

Coastal Petroleum Company, holder of an oil and gas lease in 
a portion of the area, has no objection and the Chief of 
Naval Operations, Commander Eastern Sea Frontier, U. S. Navy, 
has no objection to the proposed survey. The Department of 
Natural Resources on March 21, 1972, issued its Permit No. Ill 
covering this operation. 

Recommend approval and consent to the seismic survey insofar 
as the interest of the Trustees extends . 

ACTION OF THE TRUSTEES: 

Motion was made by Mr. Stone, seconded by Mr. Dickinson and 
passed unanimously, approving and consenting to the seismic 
survey insofar as the Trustees' interest extends. 



-3- 

DADE COUNTY - Oil Lease Assignment 
(July 7, 1972) 

APPLICANT: Exchange Oil and Gas Corporation and Mobil Oil 
Corporation 

REQUEST: Consent and approval of assignment to 
RK Petroleum Corporation 

LOCATION: Oil and Gas Drilling Lease No. 1939-1939-S 

dated September 24, 1963, covering 24,830 net 
mineral acres in Dade County at Forty Mile Bend. 



LEASE 
TERM: 



Ten years from September 24, 1963. 



August 15, 1972 



37 



Executed instrument of assignment has been filed and approved 
as to form and legality by the Trustees' legal staff. 

Recommend approval and consent to assignment . 

ACTION OF THE TRUSTEES: 

Motion was made by Mr. Stone, seconded by Mr. O'Malley and 
passed unanimously, approving and consenting to assignment of 
the oil lease to RK Petroleum Corporation. 



-4- 

WALTON COUNTY - Public Sale of Murphy Act Land 
(July 13, 1972) 

LAND 

DESCRIPTION: S 1/2 of E 1/4 of N 1/2 of NE 1/4 of NW 1/4, Section 

30, Township 1 South, Range 19 West, 2 1/2 acres, 

Walton County. 

LOCATION: The 2 1/2 acres of land is on State Road 8 3-A 

five miles south-southwest of Freeport and three 
miles south of the intersection of State Road 20 
and State Road 8 3-A. 

APPRAISAL: By staff appraiser, $450. 

AUTHORITY 

FOR SALE: Section 197.350, Florida Statutes 

DATE OF .*-„-,*. 

SALE: July 10, 197 2, by Clerk of Circuit Court of Walton 

County. 

HIGH BIDDER: Harry O. Seymour 

Post Office Box 311, DeFuniak Springs, Florida 

HIGH BID: $450. 

Recommend confirmation of sale of the land to Harry O. Seymour for 
$450 plus costs of advertising and Clerk's fee . 

ACTION OF THE TRUSTEES: 

Motion was made by Mr. Christian, seconded by Mr. Conner and 
passed unanimously, to confirm sale of the Murphy Act Land 
to Harry O. Seymour for $450 plus costs of advertising and 
the fee of the Clerk of the Circuit Court. 



-5- 

PALM BEACH COUNTY - Application for Disclaimer 

File No. 2472-50-253.129(0.90 acre) 
(July 10, 1972) 

Staff Description: A parcel of filled sovereignty land in 
Lake Worth abutting Government Lot 2, 
Section 35, Township 44 South, Range 43 
East, Palm Beach County. 

A. CITY AND COUNTY: South Palm Beach, Palm Beach County. 

B. APPLICANT: South Palm Beach Club. 

C. APPLICANT'S 
REPRESENTATIVE: Richard D. Holt 

First National Bank Building 
Palm Beach, Florida 33480 

D. ACREAGE: 0.90 acre 

E. APPRAISAL: Not applicable 

F. BIOLOGICAL 

REMARKS: Not applicable. 

G . STAFF 

REMARKS: The applicant has made application pursuant to 

August 15, 1972 



38 



Section 253.129, Florida Statutes, which provides that 
"the title to all land heretofore filled or developed is 
herewith confirmed in the upland owners and the Trustees 
shall on request issue a disclaimer to each such owner." 

Two affidavits have been submitted that show the parcel 
was in place prior to June 11, 1957. 

$100 processing fee has been submitted. 

Staff requests authority to issue the disclaimer . 

ACTION OF THE TRUSTEES : 

Motion was made by Mr. Stone, seconded by Mr. Christian and 
passed unanimously, authorizing issuance of the disclaimer 
requested by South Palm Beach Club. 



-6- 

LEE COUNTY - Dredge Permit No. 253.123-874 

At the request of the applicant, James D. Newton, the Board 
deferred for thirty days the consideration of an application 
to dredge a navigation channel connecting to Estero Bay and to 
connect an already excavated upland canal in Section 3, Township 
47 South, Range 24 East, Lee County. 



ALACHUA COUNTY - Murphy Act Land Sale (Hardship Act) 
(July 5, 1972) 

APPLICANT: Harold J. Sutton and Betty Ann Sutton, his wife 
Post Office Box 812, High Springs, Florida 

REPRESENTED 

BY: A. Curtis Powers, Clerk of the Circuit Court 

REQUEST: Application under Section 197.355, Florida Statutes, 

Chapter 28317, Acts of 1953 (Hardship Act), to purchase 
Lot 2, Mur-Son Subdivision embraced in Tax Sale 
Certificate No. 188 of 1927 in the amount of $30.34 
which included 27 lots. 

OFFER: $80 for this parcel of land. The 1932 assessed 
value was $20. 

STAFF COMMENTS: This certificate was overlooked when another 

tax sale certificate was redeemed June 9, 1934. The 
1934 taxes were extended and no evidence has been 
furnished to show that the 1934 taxes were paid. 
This tax sale certificate is not subject to 
cancellation under Chapter 20981, Acts of 1941. 

Section 197.355, Florida Statutes, provides that the 
Board may convey the interest of the State to the 
owner in 1939 or those claiming by, through or under 
that owner, for such consideration as the Board shall 
deem equitable and proper without advertisement and 
public sale. 

There has been deposited with the Clerk of the Circuit 
Court of Alachua County an amount equal to the sum 
of all state, county taxes and assessments due to the 
date of the application. 

Recommend conveying the interest of the State of Florida in this 
parcel of land to Harold J. Sutton and Betty Ann Sutton, his wife, 
for $80. 



August 15, 1972 



39 



ACTION OF THE TRUSTEES: 

Motion was made by Mr. Stone, seconded by Mr. Christian and 
passed unanimously, that the Board convey the xnterest of the 
State of Florida in this parcel of land to Harold J. Sutton and 
wife for $80 as recommended by the staff. 



-8A- 

BAY COUNTY - Permanent Easement File No. 2420-03-253.03 
(March 6, 1972) 

APPLICANT: United States Department of the Navy 
Post Office Box 10068 
Charleston, South Carolina 29411 

PROJECT: Construction of a navigation channel and sheet piling 
breakwater for a recreational facility. 

LOCATION: A 0.20-acre parcel of sovereignty land in St. Andrews 
Bay abutting Section 33, Township 3 South, Range 15 
West, Bay County. 

PAYMENT : None . 

ECOLOGICAL 

RESPONSES: Not applicable. 

Staff requests authority to issue the permane nt easement. 
ACTION OF THE TRUSTEES : 

Motion was made by Mr. Christian, seconded by Mr. Stone and 
passed unanimously, authorizing issuance of permanent easement 
requested by the United States Department of the Navy. 



BAY COUNTY 



APPLICANT: 



PROJECT : 



LOCATION: 



MATERIAL: 



PAYMENT : 



- Dredge Permit No. 253.123-1080 
(March 6, 1972) 

Department of the Navy 

Naval Facilities Engineering Command 

2144 Melbourne Street 

Charleston, South Carolina 29411 

To construct an upland boat basin for recreational 
use by Navy personnel and to widen, deepen, and 
extend an existing small boat channel. The pro- 
posed channel will be 735 feet long by 30 feet wide 
by 6 feet deep. 

St. Andrews Bay in Section 33, Township 3 South, 
Range 15 West, Bay County, Florida 

14,300 cubic yards to be removed and deposited on 
Navy property. 

Staff recommends waiver of fee for the material that 
will be deposited on U. S. Navy property. 



STAFF 

REMARKS:. Field Operations - No objection. 

ECOLOGICAL 

RESPONSES: Department of Natural Resources - Redredgmg tne 
small boat channel should not have significant 
adverse effects on marine biological resources. _ 
Control measures are needed to contain silt dredging, 

Game and Fresh Water Fish Commission - No objection. 



August 15, 1972 



40 



Department of Pollution Control - This Department has 
no jurisdiction in this project as Public Law 91-224, 
Section 21(b)(6) states that "No Federal agency shall 
be deemed to be an applicant for the purpose of 
this subsection." The waters of this area of St. 
Andrews Bay are Class II, but not approved for 
shellfish. It is recommended that the applicant be 
directed to provide necessary controls to minimize the 
effect of the project on water quality during the actual 
dredging and construction period. 

Staff recommends issuance of Dredge Permit 253.123-1080 subject 
to stipulations of Department of Natural Resources and the 
Department of Pollution Control; also waiver of payment as 
the material will be placed on U. S. property^ 

ACTION OF THE TRUSTEES : 

On motion by Mr. Christian, seconded by Mr. Stone and passed 
unanimously, the staff recommendation was approved as the 
action of the Board. 



-9- 

JACKSON COUNTY - Right of Way Easement File No. 2464-32-253.03 
(May 2, 1972) 

APPLICANT: Department of Transportation 
Tallahassee, Florida 

PROJECT: Highway and bridge construction for SR 8 (1-10) . 
No dredging or filling is required. 

LOCATION: 1.32-acre parcel of submerged land in the Chipola 
River, in Sections 23 and 26, Township 4 North, 
Range 10 West, Jackson County. 

PAYMENT : None . 

STAFF 

REMARKS: Field Operations Division has no objection. 

ECOLOGICAL 

RESPONSES: Department of Natural Resources - No objection. 

Game and Fresh Water Fish Commission - No objection, 
provided precautions are taken during construction to 
minimize erosion and siltation in the river. 

Department of Pollution Control -No objection provided 
precautions are taken during construction to minimize 
erosion and siltation in the river. 

Staff requests authority to issue right of way easement upon 
being furnished proof that all abutting upland ownership has 
been secured . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Stone, seconded by Mr. Christian and passed 
unanimously, the staff recommendation was approved as the action 
of the Board. 



-10- 

LAKE COUNTY - Utility Dredge Permit No. 253.123(2) (b)-1150 
(May 17, 1972) 

APPLICANT: Florida Telephone Corporation 

Post Office Box 48, Leesburg, Florida 32748 



August 15, 1972 



41 



PROJECT: To install a 20" diameter steel casing under Trout 
Run at a point 73' West of the center line of 
Southbound Lane of SR-19, with 30" min. cover below 
the bottom of Trout Run. 

LOCATION: Section 21, Township 19 South, Range 26 East, Lake 
County . 

MATERIAL : None . 



PAYMENT : 



Not applicable. 



ECOLOGICAL Department of Natural Resources - No objection. 
RESPONSES: Game and Freshr Water Fish Commission - No objection. 
Department of Pollution Control - Not applicable. 

Staff recommends issuance of permit for Utility Dredging 
253.123(2) (b)-115(K 

ACTION OF THE TRUSTEES: 

Motion was made by Mr. Stone, seconded by Mr. Christian and 
passed unanimously, approving issuance of the permit for 
utility dredging. 



-11- 

PALM BEACH COUNTY - Construction Permit No. 50-31-33 
(June 14, 1972) 



APPLICANT: 
PROJECT : 

LOCATION: 

MATERIAL : 

PAYMENT : 

STAFF 
REMARKS: 



City of West Palm Beach 

To construct a public fishing pier at 54 Street 
extending into Lake Worth 120 feet. This area is now 
a public park facility operated by the city. 

Section 3, Township 43 South, Range 43 East, Palm 
Beach County. 

Not applicable. 

$100. Application fee has been received. 

Field Operations - No objection. 



ECOLOGICAL Department of Natural Resources - No objection. 
RESPONSES: Game and Fresh Water Fish Commission - No objection. 
Department of Pollution Control - No objection. 

OTHERS: 1. Area Planning Board - No objection. 

2. Board of County Commissioners - No objection. 

Staff recommends issuance of Construction Permit No. 50-31-33 . 

ACTION OF THE TRUSTEES: 

Motion was made by Mr. Stone, seconded by Mr. O'Malley and 
passed unanimously, approving issuance of construction permit to 
the City of West Palm Beach. 



-12- 

PALM BEACH COUNTY - Dredge Permit No. 253.123-997 
(November 15, 1971) 

APPLICANT: Russel M. Wright 

c/o Adair & Brady, Inc. 

421 South H Street, Lake Worth, Florida 33460 

PROJECT: To excavate an upland boat basin 400' x 150' x 5' 
deep and to dredge a navigation channel 165' x 50' 
x 5' into the Intracoastal Waterway. A seawall 
will be placed inside the boat basin and riprap will 
be placed along the shore. 



August 15, 1972 



LOCATION: 

MATERIAL: 

PAYMENT : 

STAFF 
REMARKS : 



42 



Section 21, Township 41 South, Range 43 East, Palm 
Beach County. 

None - Sovereignty lands not involved. 

None . 



Field Operations has no objection to the revised 
project. 



ECOLOGICAL 

RESPONSES: Department of Natural Resources - No objection to 
the project as revised. 

Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control - No objection to 
revised project. 

OTHERS: 1. Palm Beach County Area Planning Board approved. 

2. Palm Beach County Board of County Commissioners 
approved . 

Staff recommends issuance of Dredge Permit 253.123-997 . 

ACTION OF THE TRUSTEES : 

Mr. Kuperberg commented that the application was revised so as 

to remove objections of those environmental agencies that formerly 

had objected to the project plans. 

Motion was made by Mr. Stone, seconded by Mr. Christian and 
passed unanimously, approving issuance of the dredge permit. 



PINELLAS COUNTY 



-13- 

Construction Permit No. 14 
(April 27, 1972) 



APPLICANT: City of St. Petersburg 

Post Office Box 2842, St. Petersburg, Florida 33731 



PROJECT : 
LOCATION : 

MATERIAL : 

PAYMENT : 

STAFF 
REMARKS : 



Construction of a commercial dock at a city park. 

Section 19, Township 30 South, Range 17 East, Pinellas 
County. Sun-lit Cove Drive and Bay Street Northeast. 

None. Dredging not involved. 

Waived. 



No objection. 



ECOLOGICAL 

RESPONSES: Department of Natural Resources - No objection. 

Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control - No objection. 



OTHERS : 



Pinellas County Water and Navigation Control 
Authority - No objections. 



Staff recommends issuance of Construction Permit No. 140 and 
waiver of the fees since the dock is to be used for public 
recreation . 

ACTION OF THE TRUSTEES: 

Motion was made by Mr. Christian, seconded by Mr. Conner and 
Mr. Stone, and passed without objection, approving issuance 
of the permit without fee for construction of the public dock. 



August 15, 1972 



43 



-14- 

POLK COUNTY - Fill Permit No. 253 . 124 (8) -302 
(May 19, 1972) 



Alvin C. Futch 

Post Office Box 1686, Route 2, Box 180 

Plant City, Florida 33566 

To construct a seawall 650' long on the northeast 
shoreline of Lake Juliana and to reclaim a strip 
of land varying in width from 1 foot to 15 feet 
wide lost by artificially induced erosion. 

SW 1/4 of SE 1/4 of Section 15, Township 27 South, 
Range 25 East, Polk County. 

Will be hauled in from upland sources. 

None required, as sovereignty land is not involved. 

Field Operations - No objection. 

Department of Natural Resources - No objection, 
deferred to Game and Fresh Water Fish Commission. 

Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control - No objection. 

Staff Recommends issuance of Constructio n Permit No. 253.124(8)- 
302 . 

ACTION OF THE TRUSTEES: 

Motion was made by Mr. Stone, seconded by Mr. O'Malley and 

Mr. Christian, and passed without objection, approving issuance 

of the fill permit. 



APPLICANT: 



PROJECT: 



LOCATION: 

MATERIAL : 

PAYMENT : 

STAFF 
REMARKS : 

ECOLOGICAL 
RESPONSES: 



-15- 

ST LUCIE COUNTY - Utility Dredge Permit No. 253 . 123 (2) (b) -1120 
(March 17, 1972) 



APPLICANT: 



PROJECT: 



LOCATION: 

MATERIAL: 

PAYMENT : 

STAFF 
REMARKS : 

ECOLOGICAL 
RESPONSES: 



City of Ft. Pierce 

315 Avenue A 

Ft. Pierce, Florida 33450 

To dredge and place water mains in Blind Creek and 
Biq Mud Creek in and adjacent to SR A-l-A in a 
trench 3' wide x 60' long and provide a minimum cover 
of 3' below creek bottoms. 

Section 9, Township 36 South, Range 4 East, 
St. Lucie County. 

None - Material to be filled in place. 
None. 

Field Operations - No objection. 

Department of Natural Resources - No objection 
provided siltation is controlled to protect 
adjacent vegetated bottoms. 

Game and Fresh Water Fish Commission - No objection. 
Department of Pollution Control - No objection. 



August 15, 1972 



44 



Staff recommends issuance of Utility Dredge Permit 253 .123 (2) (b) -1120 
subject to the stipulation that siltation be controlled to protect 
adjacent vegetated bottoms . 

ACTION OF THE TRUSTEES : 

On motion by Mr. Christian, seconded by Mr. O'Malley and passed 
without objection, the utility dredge permit was approved 
subject to the recommended stipulation to control siltation. 



-16- 

SANTA ROSA COUNTY - Dredge Permit No. 253.123-812 
(May 31, 1972) 

APPLICANT: Woodland Lake Property Owners 
Woodland Lake Bayou 
c/o Commander Huns ley 
38 High Point Drive 
Gulf Breeze, Florida 

PROJECT: To reopen an original channel to a maximum size of 
475' x 50' x 5' and clean an existing channel 
70' x 35' x 5'. Requested dredging will provide 
urgently needed flushing action between bay and 
bayou waters. 

LOCATION: Section 6, Township 3 South, Range 29 West, Santa 
Rosa County. 

MATERIAL: Spoil material from channel will be used for beach 
nourishment on Lot 8. 

PAYMENT: Recommend waiver since material will be used for beach 
nourishment. 



STAFF 
REMARKS : 



Field Operations - No objection. 



ECOLOGICAL 

RESPONSES: Department of Natural Resources - No objection. 

Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control - No objection. 

OTHERS: Bureau of Beaches and Shores - No objection. 

Staff recommends issuance of Dredge Permit 253.123-812 and 
waiver of fees to Woodland Lake Property Owners . 

ACTION OF THE TRUSTEES: 

Motion was made by Mr. Stone, seconded by Mr. O'Malley and 
passed unanimously, approving the staff recommendation as the 
action of the Board . 



-17- 

SANTA ROSA COUNTY - Dredge Permit No 253.123-1171 
(June 19, 1972) 

APPLICANT: Pensacola Bay Baptist Association 
Post Office Box 5506 
Pensacola, Florida 32505 

PROJECT: To do maintenance dredging at the applicant's 

recreational area known as Camp Ada in Santa Rosa 
Sound, in Santa Rosa County. The material to be 
removed will be placed on applicant's upland. 

LOCATION: Section 26, Township 2 South, Range 27 West, Santa 
Rosa County. 



August 15, 1972 



MATERIAL; 



PAYMENT : 



STAFF 
REMARKS : 



ECOLOGICAL 
RESPONSES: 



OTHERS : 



45 



2 97 cubic yards to be removed from sovereign bottoms 
consisting of silt-detritus and drift sand. 

$148.50 has been received as payment at standard rates, 

Field Operations - No objection. 

Department of Natural Resources - No objection 
provided the spoil area is diked. 

Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control - No objection. 

Santa Rosa County Board of County Commissioners - 
No objection. 



Staff recommends issuance of Dredge Permit 253.123-1171 subject 
to the spoil area being diked to contain the spoil . 

ACTION OF THE TRUSTEES : 

Motion was made by Mr. Stone, seconded by Mr. Christian and 
Mr. O'Malley and passed unanimously, approving issuance of the 
dredge permit subject to the condition recommended. 



On motion by Mr. Stone, seconded by Mr. Dickinson and passed 
without objection, the rules were waived for consideration of 
the following applications on addendum prepared after printing 
of the original agenda for this meeting. 



-18- 

ALACHUA COUNTY - Murphy Act Land Sale (Hardship Act) 
(July 5, 1972) 



APPLICANT: 



Trustees of the Mount Olive A.M.E. Church 
Gainesville, Florida 



REPRESENTED 

BY: A. Curtis Powers, Clerk of the Circuit Court 



REQUEST: 



OFFER: 



STAFF 
COMMENTS : 



Application under Section 197.355, Florida 
Statutes, Chapter 28317, Acts of 1953 (Hardship 
Act), to purchase the land described as follows: 
Commence 100 feet North of the Southwest corner 
of Lot 16, Block 4, Range 1, Roper's Addition to 
Gainesville; thence run North 50 feet, East 100 
feet, South 50 feet, West 100 feet to the Point 
of Beginning, Alachua County, Florida, embraced 
in Tax Sale Certificate Nos. 769 of 1915 and 
1136 of 1927. 

$875, the appraised value for this parcel of land. 
The 1932 assessed value was approximately $30. 



The Church Trustees, in constructing a new church 
building on this land, assumed it had good title 
based on the conveyance to the church in 1953. In 
applying for a loan in order to complete the building, 
a title search revealed two tax sale certificates 
for the years 1915 ($2.73) and 1927 ($6.96) that 
had been overlooked causing title to revert to the 
state under the Murphy Act. 

Section 197.355, Florida Statutes, provides that 
the Board may convey the interest of the State 
to the owner in 19 39 or those claiming by, through 
or under that owner, for such consideration as the 
Board shall deem equitable and proper without 
advertisement and public sale. 



August 15, 1972 



46 



There has been deposited with the Clerk of the 
Circuit Court of Alachua County an amount equal 
to the sum of all state, county taxes and assessments 
due to the date of the application. 

Recommend conveying the interest of the State of Florida in this 
parcel of land to the Trustees of the Mount Olive A.M.E. Church 
for $120, four times the 1932 assessed value, plus $275 appraisal 
costs . 

ACTION OF THE TRUSTEES : 

Motion was made by Mr . Stone , seconded by Mr . Conner and 
Mr. O'Malley, and passed unamiously, approving the sale for 
$120.00 plus $275.00 appraisal costs. 



-19- 

ORANGE COUNTY - Construction Permit No. 48-30-0085 
(June 12, 1972) 

APPLICANT: Lake Fredrica Club Apartments 

c/o George M. Barley, Jr., Partner 

305 East Church Street, Orlando, Florida 

PROJECT: To construct a dock and boat ramp on Lake Fredrica, 
a non-meandered, fresh water lake. 

LOCATION: Section 3, Township 2 3 South, Range 3 East, 
Orange County. 

MATERIAL: None. Dredging not involved in project. 

PAYMENT: Processing fee of $100 received August 3, 1972. 

ECOLOGICAL 

RESPONSES: Department of Natural Resources - Requested Game 
and Fresh Water Fish Commission to make report. 

Game and Fresh Water Fish Commission recommends that 
shoreline be scraped and leveled on both sides to 
establish a shallow bar not greater than two feet 
deep and at least 10-15 feet wide and be planted with 
maidencane, cattail and pickerelweed. The area in 
front of the building pad should be placed along 
the shore to establish a bar similar to that described 
above. The bar should be planted with natural 
vegetation. 

Department of Pollution Control - Concurs in the 
recommendation of the Florida Game and Fresh Water 
Fish Commission. 

Staff recommends issuance of Construction Permit 48-30-0085 
provided the recommendations of the Florida Game and Fresh Water 
Fish Commission and Department of Pollution Control are followed . 

ACTION OF THE TRUSTEES: 

Motion was made by Mr. Stone, seconded by Mr. O'Malley and 
passed unanimously, approving the construction permit subject 
to the recommendations of the environmental agencies. 



-20- 



SEMINOLE COUNTY 



Construction Permit No. 59-10-0082 
(March 24, 1972) 



APPLICANT: Howell Investments of Florida, Inc. 
c/o Wade L. Hopping 
Tallahassee Bank Building, Tallahassee, Florida 



August 15, 1972 



47 



PROJECT: To construct a pier-supported recreation building 
30' x 40' in size projecting 60' into Lake Howell, 
Applicant owns the submerged land. 

LOCATION: Section 28, Township 21 South, Range 30 East, 
Seminole County. 

MATERIAL: None. No dredging required. 

PAYMENT: Processing fee. 

ECOLOGICAL 

RESPONSES: Not applicable. 

Staff recommends issuance of Construction Permit 59-10-0082 . 

ACTION OF THE TRUSTEES : 

On motion by Mr. Stone, seconded by Mr. O'Malley and passed 
unanimously, the Board approved issuance of the construction 
permit. 



-21- 

REQUEST TO TAKE APPROPRIATE LEGAL ACTION 

The staff has unsuccessfully attempted to negotiate a settlement 
involving deviation from a dredge permit by West Valley Estates, 
Inc., in Deep Lagoon, Lee County, during the fall of 1971, 
by which approximately 39,000 cubic yards of fill material was 
illegally taken and three acres of productive grass bottoms lost. 

Staff requests authority to institute appropriate legal proceedings . 

ACTION OF TRUSTEES : 

A motion was made by Mr. O'Malley, seconded by Mr. Stone, to 
approve the staff request. 

Mr. William H. Pruitt, attorney for West Valley Estates, Inc., 
reviewed the background of the project, the charges against his 
client and efforts to negotiate a settlement. Mr. Pruitt said if 
there were any criminal liabilities involved, which he denied, then 
his client should be afforded the opportunity of a trial in Lee 
County and not be asked by the staff to plead guilty in connection 
with negotiations of a settlement of alleged damages. 

Mr. Kuperberg informed the Board that the applicant had applied 
for and was denied a permit on an area that was then omitted in 
a revised application, but the applicant allegedly did dredge 
in that area. The operation was found and reported to the 
State Attorney by the Marine Patrol of the Department of Natural 
Resources . 

Mr. M. Stephen Turner, Chief Counsel of the Trustees, added 
that the staff believed it was a willful and knowing violation, 
that the staff did not desire to settle damage aspects until 
the criminal case is disposed of by the court, and it was not 
at the staff's insistence that negotiations began. Mr. Turner 
discussed the settlement proposals and answered members' questions. 

Mr. O'Malley expressed the opinion that nothing would be solved 
by entering into civil proceedings at this time, Mr. Stone 
agreeing that it might be considered at the conclusion of the 
criminal proceedings. Mr. Dickinson expressed concern at any 
charge of guilt of citizens. Members said they should do nothing 
to prejudice or benefit a defendant's position. 

Withdrawing his original motion, Mr. O'Malley offered a sub- 
stitute motion, seconded by Mr. Stone and passed unanimously 
to defer any further staff negotiations for ninety days with the 
understanding that the time might be extended until final dispo- 
sition of the litigation. 



August 15, 1972 



48 



-22- 

LAKE COUNTY - Dredge Permit No. 253.12^-959 
(June 22, 1972) 

This item is placed on the agenda at the request of the 
Treasurer's office. 



APPLICANT: 



PROJECT: 



LOCATION : 

MATERIAL: 

PAYMENT : 

STAFF 
REMARKS : 

ECOLOGICAL 
RESPONSES: 



Mid-Florida Lakes 

Route 2, Box 289, Leesburg, Florida 32748 

To connect an upland canal and upland boat basin 

with canal to a tributary of Haines Creek; also, 

to deepen and clean the existing tributary to 
-6 feet. 

Haines Creek, Section 1, Township 19 South, Range 
25 East, Lake County. 

No sovereignty material involved. 

None required. 

Field Operations Division has no objection. 

Department of Natural Resources - No objection. 

Game and Fresh Water Fish Commission - No objection 
provided these stipulations are agreed to: 

1. A diaper or curtain will be placed across the 
mouth of the existing, connected canal, and then 
the canal cleaned out. 

2. The curtain will be left in place, and the applied 
for connections made. After certification from either 
the Game and Fresh Water Fish Commission or the Lake 
County Pollution Control Department that the turbidity 
is within acceptable limits, the curtain may be 
removed. 

3. If at any time in the future, tests run by the 
Game and Fresh Water Fish Commission or the Lake 
County Pollution Control Department reveal that 
adverse environmental conditions have developed in 
the canals, the applicant will agree to install and 
maintain the previously mentioned pumping system. 
If this system should ever fail and fish mortality 
occur, the applicant will be deemed liable. 

Department of Pollution Control - No objection. 

Staff recommends issuance of Dredge Permit 253.123-959 subject to 
stipulations of the Game and Fresh Water Fish Commission . 

ACTION OF THE TRUSTEES: 

On motion by Mr. O'Malley, seconded by Mr. Stone and passed 
unanimously, the dredge permit was approved subject to the 
stipulations of the environmental agency. 



•23- 



MONROE COUNTY - Dredge and Fill Permit No. 253.03-212 
(August 3, 1972) 



APPLICANT: 



Department of Transportation 
Tallahassee, Florida 



August 15, 1972 



49 



PROJECT: To complete the dredging of 1,004,000 cubic yards 

of material from an alternate borrow area in the Gulf of 
Mexico adjacent to Raccoon Key and to use the material 
to be removed as fill for the four-laning of State 
Road 5 (U. S. No. 1) . 

LOCATION: Township 67 South, Ranges 25 and 26 East, Monroe 
County. 

PAYMENT: None. Material will be used to widen State Road 5 
(U. S. No. 1) . 

STAFF 

REMARKS: The alternate area was previously approved at the 

August 1, 1972, meeting on an emergency basis subject 
to a report from the Department of Natural Resources. 

ECOLOGICAL 

RESPONSES: Department of Natural Resources - The realignment would 
permit the dredging of additional shallow bottoms 
vegetated by seagrasses and algae. However, during 
the earlier borrow pit selection trip, no other 
suitable dredge sites could be located. All fill 
material placed on submerged land as a roadway during 
the dredging operation should be removed to natural 
ground elevation. 

Department of Pollution Control - No objection to 
relocation of the borrow pit. 

Staff requests confirmation of the issuance of Dredge and Fill 
Permit No. 253.03-212 subject to the stipulation that all 
material used as a borrow pit roadway will be removed to natural 
ground elevation . 

ACTION OF THE TRUSTEES: 

On motion by Mr. O'Malley, seconded by Mr. Christian and passed 
unanimously, the dredge and fill permit was approved subject 
to the recommended stipulation. 

On motion by Mr. Stone, seconded by Mr. Dickinson and passed 
without objection, the rules were waived to consider a matter 
brought to the Board's attention by Commissioner of Education 
Christian concerning an urgent application for sewerage pipeline 
installation for a school soon to open. 

The Director explained that the Okaloosa County Board of 
County Commissioners had requested permission to construct 
an eight-inch force main across Little Bayou to provide sewer 
connection for a school near Shalimar, Florida. 

The Department of Pollution Control had no objection. The 
Director advised that comments had not been received from the 
Department of Natural Resources, but under Section 253.123(3) 
(a) there is authority to waive biological survey with the approval 
of five members of the Board. 

On motion by Mr. Christian, seconded by Mr. Stone and passed 
unanimously, the Board approved issuance of the utility permit 
(Okaloosa County Utility Permit No. 46-23-0055). 

Mr. Stone called attention to the compostition of pipe for such 

use, suggesting that the Executive Director look into the use 

of new plastic pipes for sewage transimission under water bodies. 

The Governor said it would be good if the Board could serve as 
a source of encouragement, in future applications of this kind, 
for use of the improved type of pipe . 



Governor Askew said he would like to publicly commend the 
general counsel of the Board of Trustees, Mr. M. Stephen Turner, 
who was resigning. To Mr. Turner, who was present at the 



August 15, 1972 



50 



meeting, the Governor extended his personal commendation for 
a job well done representing the Trustees and offered his very 
best wishes. 



On motion duly adopted, the meeting was adjourned. 



d£d±J<M^ 



GOVERNOR 



CHAIRMAN 



ATTESTS 




* * * * 



August 15, 1972 



51 



Tallahassee, Florida 
August 29, 1972 



The Board of Trustees of the Internal Improvement Trust Fund 
met on this date in the Haydon Burns Auditorium with the 
following members present: 



Reubin O'D. Askew 
Robert L. Shevin 
Fred 0. Dickinson, Jr , 
Floyd T. Christian 
Doyle Conner 



Governor 

Attorney General 

Comptroller 

Commissioner of Education 

Commissioner of Agriculture 



Joel Kuperberg 



Executive Director 



-1- 



The Director withdrew the request for approval of the August 15 
minutes that were still pending. 

On motion by Mr. Christian, seconded by Mr. Shevin and passed 
without objection, cabinet rule 8 was waived and the Board 
approved the minutes of May 23, 1972, that had been delayed 
for study of the wording in the resolution by which the official 
action on Westinghouse-Tenneco joint venture application was 
set out in the minutes. 



-2- 

On motion by Mr. Christian, seconded by Mr. Shevin and passed 
without objection, the Board authorized correction of the 
minutes of November 3Q, 1971, in which the amount of $64,960.00 
was shown in item 7 as consideration paid to the Board of 
Trustees by Florida Power and Light Company for an easement 
in Dade County, whereas the corrected appraisal figure and 
actual consideration received was $69 , 314 .40 . 



-3- 

ESCAMBIA COUNTY - Advertise for Oil and Gas Lease 
(June 29, 1972) 



APPLICANT: 

REQUEST: 
LOCATION: 



Humble Oil and Refining Company 

by G. Thomas Smith 

Post Office Box 12091, Pensacola, Florida 

Advertise for bids for an oil and gas drilling lease. 

NVJh of NE% of Section 2; Sh of SE% of Section 6 
and E^s of SW% of SW% less 1 acre to School and 
W*2 of SW% of SW% of Section 12 , one acre in NE 
corner of NE% of NE% of Section 10, Township 5 
North, Range 31 West; and Lot 2, Section 31, Township 
6 North, Range 31 West, containing 203.44 surface 
Township 6 North, Range 31 West, containing 203.44 
surface acres and 102.22 net mineral acres. 



INTEREST 
OF STATE 



An undivided one-half interest held by the state 
in the petroleum and petroleum products in all of 
the above land except one acre in NE% of NE% of 
Section 10, Township 5 North, Range 31 West, which 
is owned in fee by the state with the full interest 
in the petroleum. 
Proceeds from this lease will go to General Revenue unallocated, 

The request has been reviewed by the Director of Interior 
Resources, Department of Natural Resources, who concurs in the 
following recommendation. 

Recommend advertising for sealed bids for a five-year primary 
term lease with annual rental of $1 per net mineral acre, 1/6 



August 29, 1972 



52 



royalty, $50,000 surety bond and at least one test well every 
2H years drilled to 6,000 feet or to a depth sufficient to test 
the Norphlet Sands, whichever is deeper . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Christian, seconded by Mr. Conner and passed 
unanimously, the Board authorized advertising for sealed 
bids as recommended by the staff. 



-4- 

HOLMES AND WALTON COUNTIES - Advertise for Oil and Gas Lease 

(June 16, 1972) 

APPLICANT: Sonat Exploration Company 
Houston, Texas 77001 

REQUEST: Advertise for bids for an oil and gas drilling 
lease. 

LOCATION: Approximately 37 scattered parcels and 

subdivision lots in Township 4 North, Range 17 
West; Township 4 North, Range 16 West; Township 3 
North, Range 17 West and Township 2 North, Range 18 
West, containing 1,052.48 surface acres (526.24 net 
mineral acres) in Holmes and Walton Counties. 



INTEREST 
OF STATE: 



State holds an undivided one-half interest in 
the petroleum and petroleum products reserved when 
these parcels were conveyed into private ownership 
under the Murphy Act. 

Proceeds from this lease will go to General Revenue unallocated. 

This request has been reviewed by the Director of Interior 
Resources, Department of Natural Resources, who concurs in the 
following recommendation. 

Recommend advertising for sealed bids for a five-year primary 
term lease with annual rental of $1 per net mineral acre, 1/6 
royalty, $50,000 surety bond and at least one test well every" 
2 1/2 years drilled to 6,000 feet or to a depth sufficient to 
test the Norphlet Sands, whichever is deeper . 

ACTION OF THE TRUSTEES : 

On motion by Mr. Christian, seconded by Mr. Conner and passed 
unanimously, the Board authorized advertising for sealed 
bids as recommended by the staff. 



-5- 

SANTA ROSA COUNTY - Advertise for Oil and Gas Lease 
(June 19, 1972) 

APPLICANT: Continental Oil Company 

Lafayette, Louisiana 70501 

REQUEST: Advertise for bids for an oil and gas drilling 
lease. 

LOCATION: NW 1/4 of Section 25, Township 2 North, Range 27 

West, less Lots 21, 22, 23 and 24, Block 17, Townsite 
of Santa Bea, Santa Rosa County, containing 158 
surface acres (79 net mineral acres) more or less. 



INTEREST 
OF STATE: 



State holds an undivided one-half interest in the 
petroleum and petroleum products by reason of two 
deeds issued by the Trustees under the Murphy Act. 
Proceeds from this lease will go to General Revenue 
unallocated. 



August 29, 1972 



53 



This request has been reviewed by the Director of Interior 
Resources, Department of Natural Resources, who concurs in 
the following recommendation. 

Recommend advertising for sealed bids for a five-year primary 
term lease with annual rental of $1 per net mineral acre, 1/6 
royalty, $50,000 surety bond and at least one test well drilled 
every 2 1/2 years to 6,000 feet or to a depth sufficient to test 
the Norphlet Sands, whichever is deeper . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Christian, seconded by Mr. Conner and passed 
unanimously, the Board authorized advertising for sealed 
bids as recommended by the staff. 



-6- 



WALTON COUNTY 



Advertise for Oil and Gas Lease 
(June 16, 1972) 



APPLICANT: 

REQUEST: 
LOCATION: 



Sonat Exploration Co. 
Houston, Texas 77001 

Advertise for bids for an oil and gas drilling lease. 



NW 1/4 of SW 1/4 of Section 5 and W 1/2 of SE 1/4 
Section 7, Township 3 North, Range 17 West and 
NW 1/4 of SW 1/4 of Section 24, Township 2 North, 
Range 18 West, Walton County, containing 160.97 
surface acres (80.48 net mineral acres) 



of 



INTEREST 
OF STATE: 



Trustees hold an undivided one-half reserved 
interest in the petroleum and petroleum products 
by reason of three deeds issued by the Trustees. 



Proceeds from this lease will go to the Internal Improvement 
Trust Fund. 

This request has been reviewed by the Director of Interior 
Resources, Department of Natural Resources, who concurs in the 
following recommendation. 

Recommend advertising for sealed bids for a five-year primary 
term lease with annual rental of $1 per net mineral acre, 1/6 
royalty, $50,000 surety bond and at least one test well every 
2 1/2 years drilled to 6,000 feet or to a depth sufficient to 
test the Norphlet Sands, whichever is deeper . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Christian, seconded by Mr. Conner and passed 
unanimously, the Board authorized advertising for sealed 
bids as recommended by the staff. 



-7- 

WALTON COUNTY - Advertise for Oil and Gas Lease 
(July 10, 1972) 

APPLICANT: Sonat Exploration Company 
Houston, Texas 77001 



REQUEST: 



Advertise for bids for an oil and gas drilling 
lease. 



LOCATION: Two parcels - NE 1/4 of NE 1/4 of Section 35, 

Township 6 North, Range 21 West, containing 0.25 
surface acres and W 1/2 of SW 1/4 of Section 8, 
Township 5 North, Range 21 West, containing 80 
surface acres with a total of 80.25 surface acres 
(40.125 net mineral acres). 



54 



INTEREST 
OF STATE: 



State holds an undivided one-half interest in the 
petroleum and petroleum products reserved when 
the parcels were conveyed into private ownership 
under the Murphy Act. 

Proceeds from this lease will go to General Revenue unallocated, 

This request has been reviewed by the Director of Interior 
Resources, Department of Natural Resources, who concurs in the 
following recommendation. 

Recommend advertising for sealed bids for a five-year primary 
term lease with annual rental of $1 per net mineral acre, 1/6 
royalty, $50,000 surety bond and at least one test well every 
2 1/2 years drilled to 6,000 feet or to a depth sufficient to 
test the Norphlet Sands, whichever is deeper . 

ACTION OF THE TRUSTEES : 

On motion by Mr. Christian, seconded by Mr. Conner and passed 
unanimously, the Board authorized advertising for sealed 
bids as recommended by the staff . 



ALACHUA COUNTY - Murphy Act Land Sale (Hardship Act) 
(July 25, 1972) 



APPLICANT: 



Lucille B. McDavid 

Post Office Box 1090, Gainesville, Florida 



REPRESENTED 
BY: 



REQUEST: 



OFFER: 



Charles M. Gadd, Jr., 
Gainesville, Florida 



Attorney At Law 



Application under Section 197.355, Florida Statutes, 
Chapter 28317, Acts of 1953 (Hardship Act), to 
purchase the land described as follows: NE 1/4 of 
NE 1/4 South of County Road, Section 33, Township 
6 South, Range 18 East; NW 1/4 of NW 1/4, South of 
County Road, less commence 1,200 feet North of SE 
corner of N 1/2 of NW 1/4 for the Point of Beginning; 
thence run West 624 feet; thence run North 832 feet; 
thence run East 624 feet; thence run South 832 feet 
to the Point of Beginning; SW 1/4 of NW 1/4, less 
commence 1,200 feet North of SE corner of N 1/2 of 
NW 1/4 for the Point of Beginning; thence run West 
624 feet; thence run North 832 feet; thence run East 
624 feet; thence run South 832 feet to the Point of 
Beginning; and N 1/2 of NW 1/4 of SW 1/4, Section 
34, Township 6 South, Range 18 East, Alachua County, 
Florida, embraced in Tax Sale Certificate Nos. 442, 
443 and 444 of August 1, 1932. 

$920 for this parcel of land. The 1932 assessed 
value was $4.50 per acre or $414 for the 92 acres of 
land. 



STAFF 
COMMENTS : 



Tax Sale Certificate Nos. 442, 443 and 444 of 
August 1, 1932, were overlooked when Tax Sale 
Certificate Nos. 217 and 218 of 1935 and 219 of 
1936 were redeemed March 6, 1942. The amount of 
the certificates prorated is No. 442 - $3.72, 
No. 443 - $3.55, No. 444 - $8.33. 

Section 197.355, Florida Statutes, provides that 
the Board may convey the interest of the State 
to the owner on June 9, 1939, or those claiming 
by, through or under that owner, for such considera- 
tion as the Board shall deem equitable and proper 
without advertisement and public sale. The appli- 
cant qualified under the so-called "Hardship Act" 
as the former wife of the 1939 owner. 



August 29, 1972 



55 



There has been deposited with the Clerk of the 
Circuit Court of Alachua County an amount equal 
to the sum of all state, county taxes and assess- 
ments due to the date of the application. 

Recommend co nveying the interest of the S tate of Florida in this 
parcel of land to L ucille B. McDavid for $920, following established 
policy of $10 per acre" 

ACTION OF THE TRUSTEES: 

Motion was made by Mr. Christian, seconded by Mr. Conner and 
passed with all five members present voting affirmatively, 
that the interest of the State of Florida in the parcel of 
land be conveyed to Lucille B. McDavid for $920.00 under 
provisions of Section 197.355 Florida Statues, Chapter 28317, 
Acts of 1953 (Hardship Act) . 



-9- 



ALACHUA COUNTY - Murphy Act Land Sale (Hardship Act) 
(July 25, 1972) 

APPLICANT: Jack H. Matthews 

Post Office Box 1090, Gainesville, Florida 



REPRESENTED 

BY; Charles M. Gadd , Jr., Attorney At Law 

Gainesville, Florida 

REQUEST: Application under Section 197.355, Florida Statutes, 
Chapter 28317, Acts of 1953 (Hardship Act), to 
purchase the land described as follows: Commence 
at the SE corner of N 1/2 of NW 1/4 of SW 1/4, Section 
34, Township 6 South, Range 18 East, thence run North 
1,200 feet to the Point of Beginning; thence run 
West 624 feet; thence run North 832 feet; thence 
run East 624 feet; thence run South 832 feet to 
the Point of Beginning; said land situate, lying 
and being in Alachua County, Florida, embraced in 
Tax Sale Certificates No. 443 and 444 of August 1, 
1932. 

OFFER- $120 for this parcel of land. The 1932 assessed value 
was $4.50 per acre or $54 for the 12 acres of land. 



STAFF 

COMMENTS: Tax Sale Certificate Nos . 44 3 and 444 of August 1, 

1932, were overlooked when Tax Sale Certificate Nos. 

218 of 1935 and 219 of 1936 were redeemed March 6 , 

1942. The amount of the certificates prorated in 

Nos. 443 and 444 is $4.18. 

The applicant is the son of the former owner on 
June 9, 1939. The applicant qualifies under 
the so-called "Hardship Act." 

There has been deposited with the Clerk of the 
Circuit Court of Alachua County an amount equal 
to the sum of all state, county taxes and 
assessments due to the date of the application. 

Reco mmend conveying the interest of the State of F l o rida in this 
parcel of land to Jack H. Matthe ws for $120 . following establishe d 
policy of $10 per acre" ] 

ACTION OF THE TRUSTEES: 

Motion was made by Mr. Christian, seconded by Mr. Conner and 
passed with all five members present voting affirmatively, 
that the interest of the State of Florida in the parcel of 
land be conveyed to Jack H. Matthews for $120.00 under 
provisions of Section 197.355 Florida Statues, Chapter 28317, 
Acts of 1953 (Hardship Act) . 



August 29, 1972 



56 



-10- 



LEON COUNTY - Capitol Center Land Acquisition 

On February 24, 1970, the Trustees authorized purchase of 
fourteen parcels of land in the Capitol Center by negotiation 
for a price not to exceed the appraised value plus 10%. 



All of the fourteen 
lots. Two of these 
diately west of the 
of General Services 
department has requ 
two parcels due to 
are described as fo 
Place (Owner: Mild 
Lot 10, Capitol Pla 



parcels have been purchased except three 
lots are located on the block lying imme- 
Collins Building on which the Department 
is planning a parking facility. The 
ested that action be taken to acquire these 
the immediate state need. The two parcels 
Hows: N. 65' of Lots 21 and 22, Capitol 
red M. Sonderup) AND Lot 9 and the E h of 
ce (Owners: Mr. and Mrs. Henry Gray). 



As efforts of the staff to acquire these two parcels by negotia- 
tion at the appraised value plus 10% have failed, it is recommended 
that the Board request the Department of General Services to proceed 
with condemnation proceedings to acquire title to the two parcels^ 

ACTION OF THE TRUSTEES : 

Mr. Christian commented that sometimes it was better to go a 
little higher than to go to court. The Director advised that 
10% above the appraised value was the maximum allowable. 

On motion by Mr. Christian, seconded by Mr. Shevin and passed 
without objection, the Board authorized the Department of 
General Services to proceed with condemnation proceedings to 
acquire title to the two parcels cited above. 



-11A- 



BAY COUNTY 



Bulkhead Line 
(March 29, 1972) 



APPLICANT: Department of Transportation 
Burns Building, Tallahassee 



PROJECT: 

LOCATION: 

MATERIAL: 

PAYMENT : 

STAFF 
REMARKS: 

ECOLOGICAL 
RESPONSES: 



Bulkhead Line 853 feet long established by the 
Board of County Commissioners of Bay County by 
Resolution No. 566 on October 26, 1971. 

Section 17, Township 4 South, Range 13 West, Bay 
County . 

Not applicable 

Not applicable 

Field Operations Division has no objection. 



Department of Natural Resources - No objection. 

Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control - No objection. 

Staff recommends approval of the bulkhead line as established by 
the Board of County Commissioners of Bay County . 

ACTION OF THE TRUSTEES : 

Motion was made by Mr. Christian, seconded by Mr. Conner and 
passed without objection, approving the bulkhead line as 
established by the Board of County Commissioners of Bay County. 



August 29, 1972 



57 



-1 IB- 



BAY COUNTY - Right of Way Easement, File No. 2457-03-253.03 
(August 2, 1972) 

APPLICANT: Department of Transportation 

PROJECT: Highway and bridge construction for Starr Avenue 
Some filling of submerged land is required. 

LOCATION- 0.38-acre parcel of sovereignty land in Callaway 

Bayou abutting Section 17, Township 4 South, Range 
13 West, Bay County. 



PAYMENT : 



None. 



ECOLOGICAL 

RESPONSES: Not applicable 

Staff reques ts authority to issue ea s ement subject to the Depart - 
ment of Transportat ion acquiring abutting upland owners hip . 

ACTION OF THE TRUSTEES: 

Motion was made by Mr. Christian, seconded by Mr. Conner and 
passed without objection, authorizing issuance of right of way 
easement to the Department of Transportation subject to that 
department acquiring title to the abutting upland property. 



BAY COUNTY - Fill Permit No. 
(July 2, 1972) 



-11C- 
253.124-283 



APPLICANT: 
PROJECT: 

LOCATION : 

MATERIAL : 

PAYMENT : 

STAFF 
REMARKS : 

ECOLOGICAL 
RESPONSES: 



Department of Transportation 

To fill sovereignty land at Starr Avenue in Callaway 
Bayou with 586 cubic yards of material from upland 
sources. Fill embankment will be seeded and held in 
place by a sheet pile retaining wall. 

Section 17, Township 4 South, Range 13 West, Bay 
County. 

586 cubic yards of fill material. 
None . 



Field Operations has no objection. 

Department of Natural Resources - No objection. 

Game and Fresh Water Fish Commission - No objection. 
Recommendations: Piles to be driven - no jetting; 
Bulkhead to be completed before filling. 

Department of Pollution Control - No objection. 

OTHERS: Bay County Board of County Commissioners approved on 
October 26, 1971. 

Staff r ecommends issuance of F ill Permit No. 253 . 124-283 with 
itI5uTatI5n that the re mnants of old dam lo c ated nust north of 
the P project site be removed from the site and deposited on Depart- 
ment of Transportation uplands . 

ACTION OF THE TRUSTEES: 

Motion was made by Mr. Christian, seconded by Mr Conner and 
passed without objection, authorizing issuance of the fill 
permit with the stipulation recommended by the staff. 



August 29, 1972 



58 



-12- 



DUVAL COUNTY - Dredge Permit No. 253.123-730 
(April 10, 1971) 

APPLICANT: Commodores Point Terminal Corporation 
c/o Harbor Engineering Company 
1615 Huffingham Lane, Jacksonville, Florida 32216 

PROJECT: Emergency maintenance dredging in the amount of 

6,000 cubic yards at the terminal facilities on the 
St. Johns River and deposit the spoil in deep water 
approved spoil area. 

LOCATION: Section 45, Township 2 South, Range 27 East, Duval 
County. 

MATERIAL: 6,000 cubic yards of silt. 

PAYMENT: None. Material to be deposited in existing approved 
open water spoil area. 

ECOLOGICAL 

RESPONSES: Department of Natural Resources - No objection. 

Game and Fresh Water Fish Commission - Objects on 
the grounds that open water spoiling "is not in the 
best interest of the fish and wildlife resources." 

Department of Pollution Control - No objection. 

Staff recommends issuance of Dredge Permit No. 253.123-730 as 
there is no alternative spoil disposal site . 

ACTION OF THE TRUSTEES: 

Motion was made by Mr. Christian, seconded by Mr. Conner and 
passed without objection, authorizing issuance of the dredge 
permit as requested. 

Mr. William P. Simmons of Miami, attorney for the applicant, said 
there was undue delay in issuance of this permit requested fifteen 
months ago for a routine maintenance operation that was required 
every year or two for a navigation channel in existence 60 years, 
and the delay had caused some harm to the shipping interests that 
use the port. 

Governor Askew explained that the policy now requires processing 
and action by the Board within 120 days from receipt of a complete 
application. He assured Mr. Simmmons that if a new maintenace permit 
was necessary fairly soon, the record would show that this one had 
been overdue. 



-13- 

DUVAL COUNTY - Marina License and Construction Permit No. 16-30-27 
(June 27, 1972) 

APPLICANT: Florida Yacht Club of Jacksonville 
c/o W. E. Arnold 
Post' Office Box 371, Jacksonville, Florida 32201 

PROJECT: To expand and reconstruct a marina facility on 
sovereignty land in the St. Johns River. Lands 
encompassed by marina equal 164.615 square feet. 

LOCATION: Sovereignty lands abutting the John H. Mcintosh 
Grant in Section 42, Township 3 South, Range 26 
East, Duval County. 

MATERIAL: None - No excavation involved. 

PAYMENT: Check in the amount of $3,292.30 has been received. 



August 29, 1972 



59 



STAFF 

REMARKS: Field Operations - No objections. 

ECOLOGICAL 

RESPONSES: Department of Natural Resources - No objection. 

Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control - No objection. 

Staff recommends issuance of Marina License 16-30-27 subject to 
applicant furnishing Trustees a complete boundary line 
description of facility . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Dickinson, seconded by Mr. Conner and passed 
without objection, the staff recommendation was approved as the 
action of the Board. 



MARION COUNTY 



•14- 



Dredge Permit No. 253.123-1218, 42-20-23 
(June 14, 1972) 



APPLICANT: 



PROJECT : 



LOCATION: 



MATERIAL: 



PAYMENT : 



STAFF 
REMARKS : 



ECOLOGICAL 
RESPONSES: 



OTHERS : 



Silver Springs, Inc. 

c/o T. H. Brookbank 

Brookbank, Murphy and Shields 

1661 Thirteenth Street, Columbus, Georgia 31901 

To construct an upland navigation channel 40' wide 
x 6' deep and 2200' long and connect to the Silver 
River at Silver Springs, Florida; to widen an 
existing canal to 40' x 6' deep and construct 
boat storage and docking facilities; to fill (1,200 
cubic yards) the existing canal at the point where 
it joins Silver River. 

Section 6, Township 15 South, Range 23 East, Marion 
County . 

1,100 cubic yards of sand and lime rock to be removed 
from sovereignty lands . 

$550 check tendered for payment of the material at 
standard yardage rate. 



Field Operations - No objection. 

Department of Natural Resources - Deferred to Game and 
Fresh Water Fish Commission. 

Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control - No objection. 

Board of County Commissioners of Marion County - 
No objection. 



Staff recommends issuance of Dredge Permit 253.123-1218 . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Christian, seconded by Mr. Conner and passed 
without objection, the Board authorized issuance of the dredge 
permit. 



August 29, 1972 



60 



-15- 

HILLSBOROUGH COUNTY - Construction and Dredge Permit No. 
253.123-1144 
(April 5, 1972) 

APPLICANT: Tampa Electric Company 

Post Office Box 111, Tampa, Florida 33601 

PROJECT: To install sheet steel piling on the outboard side 
of an existing along-shore channel and to dredge a 
channel 385 feet wide by 900 feet long by 8 feet 
deep parallel to the existing channel and to dredge 
a channel 350 feet long by 200 feet wide by 25 feet 
deep. No dredging to be done within 5 feet of 
existing vegetation. 

LOCATION: Sections 9 and 16, Township 31 South, Range 19 East, 
in Hillsborough Bay, Hillsborough County. 

MATERIAL: 140,200 cubic yards of material is to be removed and 
placed on applicant's upland. 

PAYMENT: None. State sovereignty lands not involved. 



STAFF 
REMARKS 



Field Operations - No objection. The project is 
designed to dilute the thermal pollution which will 
be increased when Unit No. 2 is placed on the line, 
by mixing cooler bay waters with the heated circulating 
water discharges into Hillsborough Bay. 



ECOLOGICAL 
RESPONSES: 



OTHERS : 



Department of Natural Resources - No objection to 

the smaller channel. Objects to the construction 

of the larger channel. "The effectiveness of the 

proposed thermal dilution system has not been 

explained with this dredging application. Even if 

the proposed dredging of shallow bottoms is reduced 

or eliminated to conserve marine habitat, the 

discharge of heated waters in this shallow estuary 

does not appear to be in the best interest of conserving 

marine biological resources . " 

Game and Fresh Water Fish Commission - Objects to the 
project. 

Department of Pollution Control - Has issued Construc- 
tion Permit No. IC 1234. This permit was issued to the 
Construction of Unit 2 at the Big Bend plant and does not 
imply the approval of any future units at this site. 

Tampa Port Authority has issued Permit TPA 71-24. 



Staff recommends issuance of Construction and dredge permit 
253.123-1144 as the proposed thermal dilution system will 
mitigate further damage to the marine resources. And, provided, 
that Tampa Electric Company agrees that it will not request 
permits for additional generating capacity, beyond the addition 
of Unit No. 2, which may have adverse effects on marine resources 
in the Big Bend area of Tampa Bay . 

ACTION OF THE TRUSTEES: 

The Director informed the Board that for this Unit 2 of the 
Big Bend system of Tampa Electric Company, there was a request 
to install a sheet steel piling baffle to prevent the recircula- 
tion of the cooling water. He said the plant was constructed and 
ready to operate save for this one last construction request. 
Because there was concern among the environmental agencies, the staff 
asked for and obtained from Tampa Electric the agreement cited in 
the staff recommendation. 



August 29, 1972 



61 



Motion was made by Mr. Christian, seconded by Mr. Conner and 
passed unanimously, authorizing issuance of the construction 
and dredge permit subject to the provision that the applicant 
will not request permits for additional generating capacity, 
beyond the addition of Unit No. 2, which may have adverse effects 
on marine resources in the Big Bend area of Tampa Bay. 



-16- 

MANATEE COUNTY - Revocation of Dredge Permit No. 253.123-809 
(July 27, 1972) 



APPLICANT: 



LOCATION: 



MATERIAL : 



PAYMENT : 



Florida Power and Light Company 

Post Office Box 3100, Miami, Florida 33101 



PROJECT: To excavate an inlet channel 223 feet wide by 

500 feet long across sovereignty land and 5,500 
feet long across applicant's upland, and to install 
an outfall 8,000 feet long into Tampa Bay. 



Section 12, Township 33 South, Range 17 East, 
Manatee County. 

50,500 cubic yards of material to be removed from 
sovereignty land. 

$50,500 



STAFF 

REMARKS: The Board of Trustees on August 31, 1971, approved 
issuance of this permit. The Department of Pol- 
lution Control on September 7, 1971, denied 
certification. Florida Power and Light Company 
has requested that the permit approval be revoked 
and that the money paid for the material be refunded. 

Staff recommends Dredge Permit No. 253.123-809 be revoked and 
authority be given to refund $50,500 paid for the material to 
be removed from sovereignty land . 

ACTION OF THE TRUSTEES: 

Motion was made by Mr. Dickinson, seconded by Mr. Christian 
and passed unanimously, to revoke the permit and refund $50,500 
to Florida Power and Light Company. 



-17- 

VOLUSIA COUNTY - Revocation of Dredge Permit No. 253.123-826 
(July 24, 1972) 



APPLICANT: 



Florida Power and Light Company 

Post Office Box 3100, Miami, Florida 33101 



PROJECT: To improve navigation by dredging a basin 200 feet 
long by 150 feet wide by 14.5 feet deep offshore 
from applicant's upland. 

LOCATION: St. Johns River, Section 16, Township 19 South, 
Range 30 East, Volusia County. 

MATERIAL: 3,500 cubic yards of material was to be dredged. 

PAYMENT: $3,500 paid at the standard yardage rate of $1 per 
cubic yard. 



STAFF 
REMARKS : 



The Board of Trustees in meeting on August 3, 1971, 
authorized issuance of this permit. Applicant 
decided not to dredge since an alternate site was 
more advantageous . 



August 29, 1972 



62 



Staff recommends Dredge Permit 253.123-826 be revoked and autho- 
rity be given to refund $3,500 paid for the material to be 
removed from sovereignty land. 



ACTION OF THE TRUSTEES: 

Motion was made by Mr. Dickinson, seconded by Mr. Christian and 
passed unanimously, to revoke the permit and refund $3,500 to 
Florida Power and Light Company. 



-18- 

VOLUSIA COUNTY - Marina License No. ML-40 
July 24, 1972) 

APPLICANT: Florida Power and Light Company 

Post Office Box 3100, Miami, Florida 33101 

PROJECT: To install mooring piling in a basin to be constructed 
adjacent to applicant's upland. The piling will 
cover 14,428 square feet. 

LOCATION: St. Johns River, Section 16, Township 19 South, 
Range 30 East, Volusia County. 

MATERIAL : None . 



PAYMENT : 



$288.56. 



STAFF 

REMARKS: The Board of Trustees on August 3, 1971, authorized 
issuance of this marina license. Applicant has 
abandoned the project and requests rescinding of 
the marina license and refund of the annual fee. 

Staff recommends that the Board rescind approval of Marina License 
ML-40 and refund annual license fee of $288.56 . 

ACTION OF THE TRUSTEES : 

Motion was made by Mr. Dickinson, seconded by Mr. Christian and 
passed unanimously, to rescind approval of the marina license 
and refund the annual license fee of $288.56 to Florida Power and 
Light Company. 



-19A- 



GLADES COUNTY 



Bulkhead Line 
(July 14, 1972; 



APPLICANT: 



PROJECT: 



LOCATION: 



ECOLOGICAL 
RESPONSES: 



Glades County Board of County Commissioners 
Moore Haven, Florida 

Bulkhead line 3498.74 feet long in three sections 
abutting State Road Right of Way at Fisheating Creek 
in Glades County. The County Commissioners approved 
the line by resolution at its regularly scheduled 
meeting on January 10, 1971. 

Section 3, Township 41 South, Range 30 East, Glades 
County. 



Department of Natural Resources - Deferred to Game 
and Fresh Water Fish Commission comments. 



Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control - No objection. 

Staff recommends approval of bulkhead line as established by 
Board of County Commissioners of Glades County. 



August 29, 1972 



63 



ACTION OF THE TRUSTEES: 

On motion by Mr. Christian, seconded by Mr. Dickinson and passed 
unanimously, Board of Trustees approved the bulkhead line as 
established by Glades County. 



-19B- 

GLADES COUNTY - Right of Way Easement - File No. 2408-22-253.03 
(July 14, 1972) 



APPLICANT: 

PROJECT : 
LOCATION: 

PAYMENT : 

ECOLOGICAL 
RESPONSES: 



Department of Transportation 
Tallahassee, Florida 

Highway and bridge construction for State Road 25 

Two parcels of submerged land totaling 4.50 acres 
in Fisheating Creek, Section 3, Township 41 South, 
Range 30 East, Glades County. 

None. 



Not applicable. 

Staff requests authority to issue the easement . 

ACTION OF THE TRUSTEES : 

On motion by Mr. Christian, seconded by Mr. Dickinson and passed 
unanimously, the right of way easement was approved. 



GLADES COUNTY 



-19C- 

Construction Permit No. 22-31-0107 
(July 14, 1972) 



APPLICANT: 
PROJECT: 

LOCATION: 

MATERIAL: 

PAYMENT : 

ECOLOGICAL 
RESPONSES: 



Department of Transportation 
Tallahassee, Florida 

To dredge 1,750 cubic yards of muck from construction 
site and fill 3,776 cubic yards in approximately 4.5 
acres of sovereignty land in Fisheating Creek. 

Section 3 and 10, Township 41 South, Range 30 East 
in Glades County. 

1,750 cubic yards 

None, as the project is in the public interest. 



Department of Natural Resources - Deferred to Game 
and Fresh Water Fish Commission. 

Game and Fresh Water Fish Commission - It has been 
discussed in previous conversations that the expense 
of bridging this entire area would increase the 
project cost by $1.5 million. Obviously, even the 
long range benefits derived from the 5.6 acres of 
marsh would not approach that figure. Turbidities 
should be controlled during construction. 

Department of Pollution Control - It is recommended 
that filling for roadway purposes be limited to the 
areas above the 34.5-foot elevation and as ecomonic 
conditions dictate some filling would be possible 
below the 33.1-foot elevation. 

Staff recommends issuance of dredge and fill permit 22-31-0170 with 
the provision that adequate steps will be taken to control turbidi - 
ty during and after construction . 



August 29, 1972 



64 



ACTION OF THE TRUSTEES: 



On motion by Mr. Christian, seconded by Mr. Dickinson and passed 
unanimously, the construction permit was approved. 



On motion by Mr. Christian, seconded by Mr. Dickinson and passed 
without objection, the rules were waived for consideration of the 
following applications that were added to the agenda after printing 
of the original agenda. 



-20- 

EROSION CONTROL LINE - Delray Beach 

On motion by Mr. Dickinson, seconded by Mr. Christian and 
passed without objection, the Board of Trustees appointed 
Mr. Barry Lessinger of the Department of Natural Resources as 
designee of the Board to hold the public hearing for the Erosion 
Control Line proposed for the City of Delray Beach, Florida. 



-21- 

PALM BEACH COUNTY - Utility Permit No. 253.123(2) (b)-1136 
(May 10,1972) 

This application is placed on the agenda at the request of the 
Treasurer's office. 

APPLICANT: City of Lake Worth 

414 Lake Avenue, Lake Worth, Florida 33460 

PROJECT: To dredge approximately 12 9 cubic yards of material 
for installation of a storm sewer outfall into Lake 
Worth. 

LOCATION: Section 34, Township 44 South, Range 43 East, City 
of Lake Worth, Palm Beach County, at 12th Avenue 
South. 

MATERIAL: All material will be removed from project site and 
deposited on public property. 

PAYMENT: Request waiver of fee, as the project is in the public 
interest. 

STAFF REMARKS: Field Operations Division has no objection. 

ECOLOGICAL 

RESPONSES: Department of Natural Resources - No objection. 

Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control recommends that pipe 
be extended so that the top of pipe is at -1.0 feet 
mean low water and that dredging be restricted to 
approximately 25 feet from the end of the pipe. 

OTHERS: 1. Area Planning Board - No objection. 

2. Board of County Commissioners - No objection. 

STAFF RECOMMENDS issuance of utility permit 253 . 123 (2) (b) -1136 , 

provided the stipulations of the Department of Pollution Control 

are incorporated into the permit, and recommends waiver of fee 

as this project is in the public interest . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Dickinson, seconded by Mr. Christian and passed 
without objection, the utility permit was approved subject to the 
stipulations of the Department of Pollution Control and without 
fee for this public interest project. 



August 29, 1972 



65 



-22- 

PALM BEACH COUNTY - Utility Permit No. 50-22-0007 
(June 26,1972) 

This item is placed on the agenda at the request of the 
Treasurer's office. 

APPLICANT: Department of Transportation 
Tallahassee, Florida 



PROJECT: 



LOCATION: 



MATERIAL ; 



STAFF 
REMARKS 



To construct 5 new sewer outfall lines and upgrade 
4 existing lines into Lake Worth and the West Palm 
Beach Canal. 

Section 34, Township 44 South, Range 43 East, Palm Beach 
County. 

274 cubic yards to be deposited on D. 0. T. upland 
right of way. 

Request waiver of fee as the project is in the 
public interest. 



Field Operations Division has no objection. 



ECOLOGICAL 

RESPONSES: Department of Natural Resources - No objection. 

Game and Fresh Water Fish Commisision - No objection. 

Department of Pollution Control - No objection. 

OTHERS: 1. City of Lake Worth - Letter of ermission June 9,1972 

2. Palm Beach County - Not applicable. 

3. Area Planning Board of Palm Beach County - Not appli- 
cable . 

STAFF RECOMMENDS issuance of dredge permit No. 50-22-0007 and 
waiver of fee as the project is in the public interest . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Dickinson, seconded by Mr. Christian and passed 
without objection, the Board approved issuance of the dredge 
permit and waiver of the fee for a project in the public interest. 



DADE COUNTY 



-23- 

Marina License ML-145 and Construction Permit 
(July 25, 1972) 



This application is placed on the agenda at the request of 
the Commissioner of Education. 

APPLICANT: Costa Brava Condominium 

c/o Bliss and Nyitray, Inc. 

4014 Chase Avenue, Miami Beach, Florida 33140 

PROJECT: To remove and replace an existing seawall and to 
construct a marina at Belle Isle on the Venetian 
Causeway in Biscayne Bay. The marina area is 
43,560 sq. ft., more or less, on sovereignty land. 

LOCATION: Section 33, Township 5 3 South, Range 42 East, 
Dade County. 

MATERIAL: None. No dredging involved. 

PAYMENT: Has not been received. Bond has been received. 



August 29, 1972 



66 



STAFF 
REMARKS: 



Field Operations Division has no objection. 



ECOLOGICAL 

RESPONSES: Department of Natural Resources - No objection. 

Game and Fresh Water Fish Commission - No 
objection. 

Department of Pollution Control - No objection. 

OTHERS: City of Miami Beach Building Permit No. 88090-7-24-72, 

STAFF RECOMMENDS issuance of marina license ML-145 and con - 
struction permit to remove and replace an old existing seawall . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Dickinson, seconded by Mr. Christian and passed 
without objection, the Board approved issuance of the marina 
license and construction permit as recommended by the staff. 



-24- 

JACKSON COUNTY - Dredge and Construction Permit No. 253.123-650. 
(May 22, 1972) 

This application is placed on the agenda at the request of the 
Governor . 

APPLICANT: Jackson County Port Authority 
W. J. Avery, Secretary 
P. O. Box 759, Marianna, Florida 32446 



PROJECT: 



LOCATION: 



MATERIAL: 



STAFF 
REMARKS : 



To construct a barge port by dredging a basin 1,650 
ft. long, 270 ft. wide, 11 ft. deep, and an upland 
barge slip 150 ft. wide, 170 ft. long by 200 ft. wide 
at the western end of the basin. 

Apalachicola River, Section 12, Township 3 North, 
Range 7 West, Jackson County. 

59,700 cu. yds. of material to be removed and placed 
on the applicant's upland. 



Field Operations Division objects. See staff re- 
commendations . 



ECOLOGICAL 

RESPONSES: Department of Natural Resources - Requests denial, 

Game and Fresh Water Fish Commission - Requests 

denial. 



OTHERS : 



Department of Health - Reque.sts denial. 



Staff recommends disapproval of this request for issuance of a 
dredge permit pending favorable review by the state of an 
environmental impact statement as contemplated in the National 
Environmental Policy Act of 1969 (PL 91-190) addressing itself 
to the short and long term environmental impact of this project, 
particularly in matters of concern to state agencies, the economic 
impact of the project on the entire area and the effects of the 
project on community development not only in the project area but 
also through the Apalachicola System. 

Staff requests authority for the Executive Director to communicate 
the foregoing to the U. S. Department of Commerce, Economic 
Development Administration, the federal agency financially assis- 
ting this project, as a part of a request for preparation of an 
environmental impact statement and offer of assistance to the 
federal agency as to the scope and content of the environmental 
impact statement. 



August 29, 1972 



67 



ACTION OF THE TRUSTEES: 



Mr. Kuperberg said the staff was concerned about long-range 
effects, impact on the Apalachicola Bay ecosystem, the indus- 
trial and commercial development potential of a port with 
damaging cumulative results to river and bay system in like 
manner as other rivers had been industrialized and destroyed. 

Governor Askew noted that the Pollution Control Department 
approved the application on December 30, 1970, but now recom- 
mended an environmental impact study, that the Environmental 
Protection Agency indicated no problem. He said there was no 
assurance that there would not be greater river traffic coming 
from the north. There was some misunderstanding of possible 
utilization of the port based on a planner's 1969 prospectus 
listing typical industries that might locate at the proposed 
port, which caused justifiable concern by Franklin County oyster 
interests. The Governor said the Department of Commerce had 
participated in obtaining Economic Development Authority financ- 
ing for this project. 

Comptroller Dickinson, speaking of the growth rate, the increasing 
river traffic and creation of Jackson County Port Authority by 
the Legislature, suggested a balancing of interests and assistance 
of the Board to avoid pollution by inaugurating safeguards at 
this time. 

Attorney General Shevin agreed, and wanted to know what diffi- 
culties would be caused by a delay and what damages might be 
contemplated. He noted that this was another case of considering 
ecological damage against economic gain - but here the ecosystem 
of the Apalachicola River was involved. 

Senator Mallory E. Home, for himself and Senator Dempsey Barron, 
spoke strongly in favor of the application and the effort and 
eight years' planning by the local group to improve their 
economic condition. His investigation had revealed no realism 
or fact in the fears of damage to the river and bay, and the 
applicants had authorized him to state that the Board of Trustees 
would have the final decision over any contemplated industriali- 
zation. He said the dock and 57-acre area would be self- 
sufficient, serving this agricultural area, and should not be 
rejected on the prospect of unreal fears. He pointed out that 
the Air and Water Pollution Control Board in 197 requested the 
Trustees to proceed with issuance of the permit. 

Representatives William J. Rish and Wayne Mixson also endorsed 
the project, offering to work with the cabinet on future decisions 
as to any industry that might consider locating at the port area. 

Other proponents heard by the Board were Mr. W. J. Avery, Secretary 
of Jackson County Port Authority, Mr. Barry Boswell, representative 
of the Economic Development Authority, and Mr. Jordan Brooks of 
First Alabama Securities that arranged the financing. 

Mr. Lance W. Anderson, City Manager of Apalachicola, favored the 
port facility but was concerned at possible cumulative effects 
damaging to the environment. 

Mr. Jimmy J. Nichols, Mayor of Apalachicola, speaking also on behalf 
of Mr. Bob Jones of Southeastern Fisheries, requested delay for an 
environmental assessment to determine potential effects down the 
river to the bay. 

Mr. Corey Henriksen and Mr. Gene Huckeba expressed the great 
concern of the oyster industry, while not opposing river traffic. 

Dr. Robert J. Livingston, marine biologist of Florida State 
University, asked the Board to take into consideration the 
scientific evidence his group was trying to amass to try to 
protect Apalachicola Bay. He mentioned rumors of industriali- 
zation and operations that could cause pollution problems. 



August 29, 1972 



68 

After discussion of restrictions in the permit, the Governor 
said the Board of Trustees could go on record to the Jackson 
County Port Authority here today that on any matters coming 
before the Trustees as to expansion, the impact on the river 
would have to be shown beyond any question. 

Mr. Dickinson made a motion, seconded by Mr. Conner, to approve 
the application with the provision that the Trustees would 
scrutinize carefully any future plans for the port area in 
order that the proper studies might be made relating to 
the environmental condition of the Apalachicola River. 

Attorney General said that since the Port Authority was 
applying for the dredge and construction permit it would be 
a proper amendment to the motion to condition the permit on 
approval by the Trustees of any future industrial development 
by the Jackson County Port Authority. He thought there 
would be no enforcement problem because the Board could 
depend on the good faith of the people to honor the commitment 
if that was the condition upon which the Board granted the 
permit. 

Mr. Dickinson accepted the amendment, and Mr. Christian 
seconded it. Upon vote, the amendment passed without objection. 

The motion to approve the permit, subject to and conditioned 
upon the proviso that any future industrial development of the 
area by the Jackson County Port Authority be subject to the 
approval of the Trustees, passed unanimously. 

Governor Askew said, in fairness to the Director's recommendation, 
that the Board had not by its action indicated any lack of concern 
for protection of the river, that they appreciated the Director's 
competence and integrity and were alerted to the need for caution 
in the matter of the possibility of a cattle ranch and the approaching 
development of St. George Island that also might adversely affect 
Apalachicola River and Bay. 



-25- 

LEE COUNTY - Dredge Permit No. 253.123-640 

This item is placed on the agenda at the request of the 
Superintendent of Education. 

APPLICANT: Old Bridge Park Corporation 
c/o H. L. Stamm 
Box 6790, Ft. Myers, Florida 33901 

PROJECT: To modify permit 253.123-640 issued by the Board 
of Trustees on April 12, 1971, to conform with 
the U. S. Army Corps of Engineers permit issued on 
April 22, 1972. The Corps permit moved the along- 
shore channel 500 feet offshore in accordance with 
the recommendations of the U. S. Fish and Wildlife 
biological report. 

STAFF 

REMARKS: Conversation with U. S. Army Corps of Engineers' 
personnel indicates that the Corps permit was 
issued as the offshore location would do less 
damage to the environment. 

Staff recommends modification of Permit 253.123-640 to conform 
with permit issued by the U. S. Army Corps of Engineers. 



August 29, 1972 



69 



ACTION OF THE TRUSTEES: 



On motion by Mr. Christian, seconded by Mr. Conner and passed 
unanimously, the staff recommendation was accepted as the action 
of the Board. 



-26- 

VOLUSIA COUNTY - Settlement, Seawall 

Ponce Inlet Club South 
Volusia County - PIA, Inc. 
Robert E. Langford 

A seawall was constructed some 60-70 feet landward of the 
mean high water line elevation on the Atlantic Ocean in 
Volusia County. It was believed that the seawall as built 
constituted an encroachment on public lands. Court proceedings 
were instituted. 

The developer and his representatives met with staff members 
of the Board of Trustees and Department of Natural Resources, 
and with the State Attorney, in an effort to resolve the 
problem created by the seawall. 

The developer offered to settle the matter by: 

1. Removing 700 feet of the existing 1,000 feet long seawall, 
including all anchors, tie-backs and cap. The remaining 
300 feet in front of the present building would be sawed 
off 1^-2 feet below present ground level. This remaining 
segment would be used to help stabilize the building and 
would be the toe of a revetment to be constructed. The 
revetment would emerge from the beach 10 feet west of the 
present wall and would provide 70-80 feet of beach land- 
ward of the mean high water line elevation, or by 

2. Completely removing the existing 1,000 feet seawall, 
anchors, tie-backs and cap and constructing a 300 
foot long seawall parallel to and 25 feet in front of 
the existing building. Buttresses and stairs to the 
beach would be constructed on the seaward side of the 
wall as support and access to the beach. This would clear 
more beach for use by the public and at the same time 
offer reasonable protection to the existing building. 

STAFF REMARKS: The consensus of opinion is that the seawall 
should be constructed no farther than 10 feet seaward of the 
existing building . 

ACTION OF THE TRUSTEES: 

On May 2, 1972, Mr. Stephen L. Boyles, State Attorney in the 
Seventh Judicial Circuit, appeared before the Board with the 
request that the Trustees authorize litigation to remove from 
the beach a seawall built on land over which there was a public 
easement. Following studies and discussions between Mr. Boyles, 
PIA, Inc., the Bureau of Beaches and Shores of the Department of 
Natural Resources, and the Trustees' staff, a settlement was 
proposed. 

Mr. Boyles explained another oral offer which amends a portion 
of the settlement coffer. In the agenda item under "2", instead 
of 25 feet the offer was made of "...20 feet in front of the 
existing building." Mr. Boyles said it was a good offer. 

The Governor noted that it would be the absolute minimum that 
they really can go back at this time and represented a substan- 
tial reduction. 

Representing PIA, Inc., Mr. Fletcher Rush said it was agreeable 
with the understanding that it completely settles and disposes 
of litigation. 

Attorney General Shevin was in agreement, and also the staff. 



August 29, 1972 



70 



On motion by Mr. Dickinson, seconded by Mr. Christian and 
passed unanimously, the Trustees agreed to effect the compromise 
and terminate the litigation. 



-27- 

PINELLAS COUNTY - Sand Key, U. S. Steel 

At the request of Secretary of State Stone, the Trustees 
deferred for two weeks the consideration of a matter placed 
on the agenda at the request of Attorney General Shevin with 
reference to institution of appropriate legal proceedings to 
declare and protect the public ' s rights to use Sand Key for 
recreational purposes. 



-28- 



PALM BEACH COUNTY 



Dredge and Fill Permit No. 253.123-875 
and 253.124. 



Consideration of an application from J. Stockton Bryan, Sr . , 
was deferred on the request of the Director . On this date 
in a meeting with the applicant's attorney, Mr. Ted Prior, it 
was agreed that the attorneys for the Bureau of Beaches and 
Shores and the applicant would meet and try to work out some 
satisfactory arrangement. 



Upon motion duly adopted, the meeting was adjourned. 




GOVERNOR 



CHAIRMAN 



ATTEST: 




* * * * 



August 29, 1972 



71 



Tallahassee, Florida 
September 6, 197 2 



The Board of Trustees of the Internal Improvement Trust Fund 
met on this date in the Haydon Burns Auditorium with the 
following members present: 



Reubin O'D. Askew 
Richard (Dick) Stone 
Robert L. Shevin 
Fred 0. Dickinson, Jr. 
Floyd T. Christian 
Doyle Conner 



Governor 

Secretary of State 

Attorney General 

Comptroller 

Commissioner of Education 

Commissioner of Agriculture 



Joel Kuperberg 



Executive Director 



-11- 



Item 11 was taken out of order and on motion by Mr. Stone, 
passed without objection, the minutes of the meeting held 
on August 15, 1972, were approved. 



ALACHUA COUNTY - Lease State Land 
(May 10, 1972) 

APPLICANT: Department of Transportation 

REQUEST: Lease 11 acres of state land for a central warehouse 
facility. 

LOCATION: 11-acre parcel 800' x 600' on the southeast corner 
of Waldo Road (State Road 24) and NE 39 Avenue in 
NE 1/4 of Section 27 and NW 1/4 of Section 26, 
Township 9 South, Range 2 East, Alachua County. 

The Department of Transportation advised that the 
Legislature appropriated funds for construction of 
a central warehouse facility to replace the existing 
one on Waldo Road. The requested location has an 
entrance on 39th Avenue and also a railroad siding, 
two important features which make the site ideal for 
the proposed central warehouse. 

The requested site is part of Santa Fe Correctional 
Institution and Gainesville Sunland Training Center 
property northeast of Gainesville. The Department 
of Health and Rehabilitative Services has reviewed 
and approved transfer of the land, advising that none 
of the divisions of the department have any present 
or future contemplated need for this 11-acre site. 

Recommend leasing the eleven acres to the Department of Transpor- 
tation for warehouse and related purposes for a period of fifty 
years . 

ACTION OF THE TRUSTEES : 

Motion was made by Mr. Christian, seconded by Mr. Dickinson 
and passed without objection, authorizing 50-year lease of 
the 11 acres to the Department of Transportation as requested. 



September 6, 1972 



72 



-2- 



LEON COUNTY 



Easement for Electric Transmission Line 
(July 6, 1972) 



APPLICANT: City of Tallahassee 

REQUEST: Additional transmission line right of way for 
widening existing transmision line easement 
No. 24878 to accommodate increased line requirements 
resulting from a change in the tie with Florida 
Power Corporation. 

LOCATION: Sunland Hospital at Tallahassee 

Two parcels containing 0.7 acre in NW 1/4 of Section 
28, Township 1 South, Range 1 East, Leon County. 

The Department of Health and Rehabilitative Services has reviewed 
and approved the additional easement. 

Recommend issuance of the easement for electric transmission 
line purposes only . 

ACTION OF THE TRUSTEES: 

Motion was made by Mr. Conner, seconded by Mr. Dickinson and 
passed without objection, authorizing the easement as 
recommended . 



-3- 

DESOTO COUNTY - Advertise for Oil and Gas Lease 
(July 25, 1972) 

APPLICANT: Shell Oil Company 

New Orleans, Louisiana 70160 

REQUEST: Advertise for bids for an oil and gas drilling lease. 

LOCATION: All of Section 16, Township 39 South, Range 27 East, 
less SW 1/4 of NW 1/4, containing 600 surface acres 
(300 net mineral acres) in DeSoto County. 

INTEREST OF 

STATE: Board of Education holds an undivided one-half 

interest in the petroleum and petroleum products. 

Proceeds from this lease will go to the School Fund. 

These privately-owned lands lie approximately 17 miles southeast 
of Arcadia. The request has been reviewed by the Director of 
Interior Resources, Department of Natural Resources, who concurs 
in the following recommendation. 

Recommend advertising for sealed bids for a five-year primary 
term lease with annual rental of $1 per net mineral acre, 1/ 8 
royalty, $50,000 surety bond and at least one test well drilled 
every 2 1/2 years to a depth of 6,000 feet or to the Sunniland 
Formation or other anticipated horizons, whichever is deeper . 

ACTION OF THE TRUSTEES: 

Motion was made by Mr. Dickinson, seconded by Mr. Christian 
and passed without objection, authorizing the advertisement 
as recommended. 



September 6, 1972 



73 



HIGHLANDS COUNTY - Advertise for Grazing Lease 

The Trustees own a 1,415. 08-acre tract of land located 14 miles 
southeast of Sebring and one mile east of Lake Istokpoga, in 
Highlands County. The land is basically classified as native 
pasture with no improvements. At least one-half appears to be 
muck-based soil subject to seasonal flooding, with the remainder 
sandy soil in native grass and palmetto. 

The tract has been under a grazing lease to an adjoining owner, 
Mrs. Katherin Waggaman, for many years. At termination of 
Mrs. Waggaman' s lease, the land was reappraised by staff 
appraiser who recommended annual rental be increased from $1.75 
per acre to $2.85 per acre. Mrs. Waggaman declined to renew 
the lease at the increased rental. 

The Game and Fresh Water Fish Commission and Central and Southern 
Florida Flood Control District have no objections to the Trustees 
continuing to lease this property for grazing purposes provided 
that the lease is subject to cancellation by the Trustees 
following written notice. 

Recommend a dvertising for sealed bids a t hree-year grazing lease 

with option to ren ew for an additional three years. The base or 

itIFEiSS bid will b e the annual rental of $2.85 p e r acre for the 
first three years w ith rental during the three-year option to be 
Hpfprmined bv a ppra isal at the end of the first t hree-year period . 
Lease will be sub ject to cancellation by the Trustees following 
120-day written notice . 

ACTION OF THE TRUSTEES: 

Mr Christian questioned whether that increased rental would be 
offered, not wanting the land to stand idle. The Director ^said 
the appraisal was the going rate for land in that area, and if no 
bids were received a determination would have to be made. 

On motion by Mr. Christian, seconded by Mr. Dickinson and 
passed without objection, advertisement was approved as 
recommended by the staff. 



-5- 

PALM BEACH COUNTY - Seismic Survey 
(July 21, 1972) 

APPLICANT: Shell Oil Company 

Post Office Box 174, Winter Haven, Florida 

REQUEST: Permission to conduct a seismic survey across 
state-owned land. 

LOCATION: Across the south line of Section 1, Township 45 
South, Range 37 East, and Section 6, Township 
45 South, Range 38 East, Palm Beach County. 
The survey will consist of shot holes fifty feet 
in depth spaced at intervals of 75 feet along 
a line using a five pound charge. All holes will 
be properly plugged and covered. 

These sections are under Agriculture Lease No. 1935-1935-S held 
by A. Duda and Sons, Inc., which has no objection to the survey. 

The Central and Southern Florida Flood Control District has 
reviewed this request and since no project works are involved, 
offers no objection. 

Dr. Robert 0. Vernon, Director of Division of Interior Resources, 
Department of Natural Resources, approved the survey request 
subject to all shot holes being plugged with neat cement and 
existing roads being utilized for access. 



September 6, 1972 



74 



Recommend granting Shell Oil Company permission to conduct its 
seismic survey subject to the conditions set forth above . 

ACTION OF THE TRUSTEES : 

On motion by Mr. Christian, seconded by Mr. Conner and passed 
without objection, the Trustees granted permission for the 
seismic survey subject to the conditions recommended by 
the Department of Natural Resources. 



-6- 

BAKER COUNTY - Dredge Permit No. 253.123-865 
(May 27, 1971) 



APPLICANT: 



PROJECT: 



LOCATION: 

MATERIAL : 

PAYMENT : 

STAFF 
REMARKS : 

ECOLOGICAL 
RESPONSES: 



OTHERS : 



United States Forest Service 
214 South Bronough 
Tallahassee, Florida 

To construct a public recreation area at Olustee 
Beach on Ocean Pond, a 1,7 00 acres state-owned 
lake, and dredge a boat channel 300* long x 30' 
wide x 4' deep. All material will be deposited 
on upland recreation site except that which is 
suitable for beach area. 

Section 21, Township 3 South, Range 19 East, Baker 
County. 

3,300 cubic yards. 

Request waiver as project is a public recreation area. 

Field Operations - No objection. 

Department of Natural Resources - Deferred to Game 
and Fresh Water Fish Commission. 

Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control - No objection. 

Board of County Commissioners of Baker County endorsed 
the plan on April 5, 1971. 



Staff recommends issuance of Dredge Permit 253.123-865 and waiver 
of fee since the project is for public recreation . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Dickinson, seconded by Mr. Christian, and passed 
without objection, the dredge permit was approved without 
the fee requirement. 



-7- 

ST. LUCIE COUNTY - Dredge Permit No. 253.123-1008 
November 23, 1971) 

APPLICANT: Beach Club Colony of Stuart, Inc. 
c/o William J. Roberts, P. A. 
217 South Adams Street 
Tallahassee, Florida 32302 

PROJECT: To dredge a navigation channel 50' wide x 320' long 
through the applicant's land from the east shore 
of the Indian River to an upland boat basin. 

LOCATION: Section 11, Township 37 South, Range 41 East, 
St. Lucie County. 



September 6, 1972 



75 



MATERIAL: None. No dredging of sovereignty land involved. 



STAFF 
REMARKS : 



Field Operations Division has no objection. The 
applicant has agreed to deed 7.5 acres to Trustees, 



ECOLOGICAL 

RESPONSES: Department of Natural Resources - No objection. 

Game and Fresh Water Fish Commission - No objection 
subject to stipulations that the building proposed 
to be constructed on pilings and parking lot proposed 
to be filled south of channel should be deleted; 
street, lawn and roof runoff should be treated in 
sewage treatment plant or allowed to sheet flow 
through adequate greenways containing natural vegetation; 
7.5 acres proposed to be preserved should be deeded to 
the state concurrently with the issuance of the permit. 

Department of Pollution Control - No objection. 

Staff recommends issuance of Permit 253.123-1008 upon placement 
of deed to the 7.5 acre parcel of land in escrow to be delivered 
to the Board of Trustees upon issuance of all required permits" ! 

ACTION OF THE TRUSTEES : 

On motion by Mr. Dickinson, seconded by Mr. Conner, and passed 
without objection, the staff recommendation was approved as 
the action of the Board. 



On motion by Mr. Christian, seconded by Mr. Conner, and passed 
without objection, the rules were waived for consideration 
of the remainder of the applications that were added after 
printing of the original agenda for this date. 



DADE COUNTY - Erosion Control Line 
(July 31, 1972) 

APPLICANT: Fred W. Maley, Village Manager 
Bal Harbour Village 
655 Ninety-sixth Street 
Bal Harbour, Florida 33154 

PROJECT: Requests the Board of Trustees to establish an 
erosion control line in accordance with the 
provisions of Chapter 161, F.S., for the purpose of 
nourishing 4,481.5 lineal fee of eroded beach. 

LOCATION: Atlantic Ocean, South of Bakers Haulover and 

adjacent to Section 26, Township 52 South, Range 42 
East, Dade County. 

MATERIAL: 1,600,000 cubic yards of material for beach nourish- 
ment will be obtained from an offshore borrow area. 

PAYMENT: None. Material will be placed on sovereignty land. 

ECOLOGICAL 

RESPONSES: Department of Natural Resources - Certifies that 
severe beach erosion has occurred in the area 
encompassed by the survey and that this beach has 
been substantially destroyed and may be completely 
destroyed in the immediate future unless a publicly 
financed program is undertaken. 

Staff requests authority to advertise that the Board of Trustees' 
designee, Mr. Sherman Weiss, Staff Attorney, will hold a public 
hearing in Bal Harbour Village Hall at 2:00 P.M. on October 9, 



September 6, 1972 



76 



1972, for the purpose of considering evidence bearing on the 
necessity or propriety of the beach nourishment or restoration 
program and/or on the proposed location of the Erosion Control 
Line . 

ACTION OF THE TRUSTEES: 

On motion made by Mr. Christian, seconded by Mr. Conner and 
passed without objection, the Trustees authorized the public 
hearing as requested by the staff. 



-9- 

PALM BEACH COUNTY - Dredge and Fill Permit No. 253.124-233 
253.123-1206 
(May 2, 1972) 



M. J. Carbone 

c/o Davis and Craven, Inc. 

1699 East Oakland Park Boulevard 

Ft. Lauderdale, Florida 33308 

To dredge a 30' x 325' x 5' perimeter channel and a 
30' x 50' x 5' access channel. 

Intracoastal waterway at Boynton Beach in Section 
27, Township 45 South, Range 43 East. 

1,400 cubic yards of sovereignty material to be 
removed and placed on privately-owned upland. 

Check for $1,4 00 has been tendered for payment. 
Field Operations - No objection. 

Department of Natural Resources - No objection. 

Game and Fresh Water Fish Commission - Recommend the 
proposed shoreline fill be deleted and construction 
of T-shape dock paralleling the shoreline for 
dockage and navigation access. 

Department of Pollution Control - No objection. 

1. City of Boynton Beach - No objection. 

2. Area Planning Board - No objection. 

3. Board of County Commissioners - No objection, 
in public interest. 

Staff recommends issuance of dredge and fill permits 253.123-1206 
and 253.124-233. 



APPLICANT: 



PROJECT : 



LOCATION : 



MATERIAL : 



PAYMENT : 



STAFF 
REMARKS: 



ECOLOGICAL 
RESPONSES: 



OTHERS : 



ACTION OF THE TRUSTEES: 

Mr. Kuperberg said he learned this morning that the applicant 
apparently was not the owner. Under the Trustees' rules a 
permit may not be issued to other than the owner of the land. 

Mr. Alvin Silverman, the developer of Snug Harbor Gardens in 
Boynton Beach, explained that under the condition of the 
purchase of this property and the filing of the permit appli- 
cation last October, it was assumed that Mr. Carbone would 
still be in possesssion at the time of issuance of the permit. 
However, the purchase had now been completed and Mr. Silverman's 
group is the owner. 

The Attorney General said he would review the matter. The 
Director suggested approval subject to that review, if the 
permit can be issued in accordance with the rules. 



September 6, 1972 



77 



Governor Askew recommended that the permit be approved, with 
the Attorney General to review the request and in the 
event there is no problem, that the staff be authorized to 
qo ahead and issue the permit to Mr. Silverman's group as 
successors in title to Mr. Carbone. If there appears to be 
a problem, it would be brought back to the Trustees. 

On motion by Mr. Christian, seconded by Mr. Stone, and passed 
without objection, the recommendation of the Governor was 
approved as the action of the Board. 



-10A- 

DUVAL COUNTY - Relocation of Bulkhead Line 
(August 16, 1972) 

APPLICANT: City of Jacksonville 
City Hall 
Jacksonville, Florida 

PROJECT- The City of Jacksonville, by Ordinance No. 72-499- 
319 dated August 8, 1972, relocated the existing 
bulkhead line in the vicinity of the Mathews 
Bridge to the mean high water line in accordance 
with the Interagency Advisory Committee on submerged 
land management. 

LOCATION: Easterly side of the Mathews Bridge in the St. Johns 
River, Township 1 South, Range 27 East, Duval County. 

ECOLOGICAL , . . . 

RESPONSES: Department of Natural Resources - No objection. 

STAFF RECOMMENDS approval of the bulkhead lin e as relocated at 
the mean high water line . 

ACTION OF THE TRUSTEES: 

On motion made by Mr. Stone, seconded by Mr. Dickinson and 
passed without objection, the Trustees approved the bulkhead 
line as relocated at the mean high water line. 



-10B- 

DUVAL COUNTY - Relocation of Bulkhead Line 
(August 16, 1972) 

APPLICANT: City of Jacksonville 
City Hall 
Jacksonville, Florida 

By Ordinance No. 72-499 dated August 8, 1972, the 
City of Jacksonville .relocated the existing bulk- 
head line easterly of the submerged lands conveyed 
by Trustees' Deed No. 24640 and westerly of the 
submerged lands conveyed by Trustees' Deed Nos. 
22784 and 23731, to the mean high water line. 

South side of St. Johns River in Township 1 South, 
Range 27 East, Duval County. 

STAFF RECOMMENDS approval of the bulkhead line as relo cated at 
the mean high water line . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Stone, seconded by Mr. Dickinson and Passed 
without objection, the Trustees approved the bulkhead line 
as relocated at the mean high water line. 



PROJECT : 



LOCATION: 



September 6, 1972 



78 



-10C- 

DUVAL COUNTY - Moratorium 

On February 28, 1972, the Board of Trustees postponed taking 
action on the following item for a 90-day period: 

At the request of the Attorney General, there is 
submitted for the Trustees' consideration a resolution 

That the Trustees of the Internal Improvement Trust Fund 
will not consider any applications relating to dredging 
or filling within the Consolidated City of Jacksonville 
and Duval County, except those involving emergency 
maintenance, until such time as the City of Jacksonville 
and Duval County has reviewed all bulkhead lines and 
established them at the mean high water line except 
where the locations of lines farther offshore can be 
fully justified as being in the public interest, in 
accordance with recommendations of the Interagency 
Committee on Submerged Land Management which recommen- 
dations and request were transmitted to all counties 
and municipalities in 1968. 

In meeting on May 23, 1972, the City of Jacksonville advised 
the Board of Trustees that the city intended to relocate the 
bulkhead lines as recommended by the Interagency Advisory 
Committee on Submerged Land Management with two exceptions 
in the bulkhead line at Reddi Point eastward and asked for the 
Trustees' reaction to such a proposal. The Board of Trustees 
unanimously reiterated its position that all of the bulkhead 
line from Reddi Point eastward be relocated to the mean high 
water line. 

The Jacksonville City Council by Resolution 72-832-216 adopted 
on August 8, 1972, expresses intent of rolling back the two 
bulkhead line segments in this area at such time as the State 
of Florida agrees and commits itself to pay the property owners 
affected, compensation for any loss suffered by them as a result 
of such bulkhead line alteration. 

Staff resubmits the previous resolution and suggests its adoption , 
as the City of Jacksonville has not fully met the Board's request 
to relocate bulkhead lines to the mean high water line. 

ACTION OF THE TRUSTEES: 

In review of the staff position Mr. Kuperberg said this matter 
was first considered in February at which time a 90-day exten- 
sion was granted before imposing a moratorium proposed by the 
Attorney General, that under a new portion of the statute any 
application to acquire land from the Trustees must be submitted 
with a development plan so that the Trustees can make a decision 
upon the merits and the public interest aspects of the project, 
that any request to do work should be considered on today's 
merits, that purchase of submerged land does not guarantee the 
right to dredge and fill. The staff suggested that all appli- 
cants be considered on an equal basis, that the bulkhead line should 
be placed at the mean high water line and an application should 
be filed with a development plan and with the request to relocate 
the bulkhead line in order to accommodate that plan. 

Mr. Kuperberg said that in today's climate and environmental 
considerations, the existence of offshore bulkhead lines is 
outdated and in all counties such offshore lines should be 
moved to the mean high water line, that the work started in 
1968 when a former Board of Trustees appointed the Interagency 
Advisory Committee should be completed. 

Attorney General Shevin pointed out that the original policy 
was established by a prior cabinet when the then Secretary of 
State, Tom Adams, proposed that the Trustees try to get the 
cities and counties to pull back bulkhead lines, that in 
Hillsborough County the same type of leverage had been used 



September 6, 1972 



79 



to have the bulkhead lines pulled back to the mean high water 
and this should be done in all other counties. Mr. Shevin 
mentioned the several properties, that the sums paid for these 
submerged lands were not very large but that the Board did 
not have to return the purchase price as the owners were not 
deprived of use of their property for a dock, a marina, a 
fish farming area, a restaurant - only that filling would not 
be allowed. 

Mr. Shevin made a motion to adopt the Trustees' suggestion. 
For the purpose of discussion, Mr. Christian seconded the 
motion. 

Mr. Jake Godbold, President, Jacksonville City Council, stated that 
the Council agreed with 99% of Mr. Shevin 's statement but there 
was a difference of philosophy, that they had rolled the bulkhead 
line back up to a point and even suggested that the Charter 
property, omitted by the staff, should be rolled back, but there 
was a moral point in that the state sold the submerged land to 
people in Duval County, that other small ownerships were involved, 
also, that the uses mentioned by Mr. Shevin changed the whole 
purpose, and the question was one of integrity - whether the 
State of Florida would honor its deeds. He said the City 
Council had a moral obligation to the taxpayers of Duval County 
to bargain with the Board to pay back the people that had bought 
the land, and the first thing that should have been done was to 
find out how much damage and how much expense to the property owners 
the rolling back of bulkhead lines would cause. He called the 
moratorium to deny dredge and fill permits blackmail, pointing 
out that on August 8 the Council passed a resolution unanimously 
saying that they intended to roll back the bulkhead line after 
the Trustees had determined how much money was involved and gave 
some indication of due compensation to the people involved. 

Secretary of State Dick Stone, noting that Mr. Godbold had 
represented the position of the Council as willing to adopt a 
resolution rolling back the bulkhead lines subject to a fair 
compensation to the owners, suggested that the Trustees instruct 
the staff to determine the amount of damage (not necessarily 
what the owners might think the property is worth in terms of 
developing and selling it) and the possible source of reimburse- 
ment. He thought it should be no less than the purchase price 
plus whatever taxes the owners had paid and considered fair, and 
regardless of whether the owners accept the repurchase offer the 
Trustees would proceed to ratify the mean high water bulkhead 
line adopted by the City Council. 

Mr. Stone made a motion that the staff of the Trustees and the 
Attorney General's office, working with Mr. Ireland's staff, 
find out what possible sources might be utilized to make a fair 
offer to repurchase the submerged land and that the Trustees 
indicate that they will follow through on making such an offer 
forthwith after the Jacksonville City Council adopts the mean 
high water bulkhead line for the area under consideration. 

Governor Askew did not disagree but expressed concern, noting 
that in the case of the hospital in Dade County other 
circumstances were involved. He recommended that the Board 
consider a concept as a general policy, and the fiscal impli- 
cations to the state. He said the value should be tempered 
by the fact that the Trustees were just not going to allow any 
more dredge and fill permits like these purchasers thought 
they would get at the time the submerged land was sold. 

Mr. Shevin pointed out that the Island View Hospital situation 
was entirely different in that it was understood that the 
purpose of that purchase was to fill in that portion of the 
bay for the hospital. He also was concerned that any policy 
might obligate the Board financially, as the owners were not 
deprived of use of the land, just filling. 



September 6, 1972 



80 



Mr. Stone withdrew his motion and offered as a substitute motion 
that the staff be directed to investigate the financial facts 
in this situation, discuss it directly with the owners and the 
City Council, and submit a recommendation to the Board, hope- 
fully, in a few weeks, for a long range policy for action in 
cases where bulkhead lines are changed in areas previously deeded 
by the Trustees. Mr. Stone said the Board should be fair, that 
the Legislature would assist by funding or allowing use of funds, 
and that the use of leverage or other remedial action would not 
be considered until a staff recommendation is submitted. 

Governor Askew, speaking for the entire Board of Trustees, 
expressed appreciation to the Jacksonville City Council for 
accomplishing substantially what needed to be done. He 
said the Secretary of State's motion would suspend the effec- 
tiveness of a moratorium until the staff recommendation is 
considered and a policy determined, and that the Duval County 
situation could serve a good purpose as a catalyst for the 
Board to develop a general policy. 

Mr. Shevin agreed that he did appreciate the substantial com- 
pliance of Duval County. 

Mr. Lynwood Roberts, past president of the Council, said it 
was difficult to work under threat of a moratorium but 
they were going to do their best to fulfill the wishes of 
the cabinet. Mr. Dickinson assured him that the moratorium 

was suspended. 

Governor Askew said the cabinet had been very concerned that 
the bulkhead lines be drawn back, and while obviously the 
moratorium method was open to the cabinet, it was suspended 
until submission of a policy recommendation that would treat 
all counties alike. 

Mr. Godbold said the second motion was satisfactory. 

The substitute motion made by Mr. Stone, seconded by Mr. Dickin- 
son, was adopted without objection. 



-12- 

PUTNAM COUNTY - Murphy Act Land Sale (Hardship Act; 
(August 11, 1972) 



APPLICANT: 



Lorene Investment Company 
Palatka, Florida 



REPRESENTED 
BY: 



REQUEST: 



A. W. Nichols, Clerk Circuit Court, Putnam County, 
Palatka, Florida 

Application under Section 197.355, Florida Statutes, 
Chapter 28317, Acts of 1953 (Hardship Act), to 
purchase the land described as follows: SE% of 
NE% and the North 16 acres of SE% of SE^s , Section 
16, Township 9 South, Range 24 East, Putnam County, 
Florida, embraced in Tax Sale Certificate No. 1591-A 
of 1933, in the amount of $21.97. 



OFFER: $560 for this parcel of land which is $10 per acre 
for the 56 acres of land. The 1932 assessed value 
was $120. 



STAFF 
COMMENTS ; 



Section 197.355, Florida Statutes, provides that 
the Board may convey the interest of the State 
to the owner in 1939, or those claiming by, through 
or under that owner, for such consideration as the 
Board shall deem equitable and proper without 
advertisement and public sale. Ownership of this 
parcel is vested in Lorene Investment Company, a 
Florida Corporation, as successor in title to B. J. 
Alderman, Jr., and Edna W. Alderman, his wife, the 
owner on June 9, 193 9. 



September 6, 1972 



81 



As this parcel lies within the middle of the land 
holdings owned by the applicant, sale of the land 
by competitive open bidding would create a hardship. 

There has been deposited with the Clerk of the 
Circuit Court of Putnam County an amount equal to 
the sum of all state, county taxes and assessments 
due to the date of the application. 

The applicant qualifies under the so-called 
"Hardship Act. " 

Recommend conveying the interest of the State of Florida in this 
parcel of land to Lorene Investment Company for not less than 
$10 per acre or $560 following established policy . 

ACTION OF THE TRUSTEES: 

Motion was made by Mr. Christian, seconded by Mr. Stone and 
Mr. Dickinson, carried without objection, approving conveyance 
of the interest of the State of Florida to Lorene Investment 
Company as recommended. 



Mr. Kuperberg brought up one additional item and asked for 
thirty-day extension of the permit for Block M of Hudson, 
Florida, in Pasco County, in order to get in all the field 
reports. He said the purchasers of the defunct subdivision 
were attempting to complete what was originally granted by 
extension of their permit for sixty days (File 24663-774-51- 
253.124, minutes of July 18, 1972). 

On motion by Mr. Christian, seconded by Mr. Stone, the 30-day 
extension was approved. 




CHAIRMAN 



IRECTOR 



September 6, 1972 



82 



Tallahassee, Florida 
September 19, 1972 



The Board of Trustees of the Internal Improvement Trust Fund 
met on this date in the Haydon Burns Auditorium with the 
following members present: 

Reubin O'D. Askew Governor 

Richard (Dick) Stone Secretary of State 

Robert L. Shevin Attorney General 

Thomas D. O'Malley Treasurer 

Floyd T. Christian Commissioner of Education 

Doyle Conner Commissioner of Agriculture 



Joel Kuperberg Executive Director 



As the meeting of September 12 had been cancelled, the Board 
considered at this time the six matters on a previously circulated 
agenda of that date. 



-1- 

The minutes of the meeting on August 29, 1972, were approved 
as submitted. 



BAY COUNTY - Utility Dredge Permit No. 253.123(2) (b)-1086 
(August 7, 1972) 

APPLICANT: Bay County Board of County Commissioners 
Panama City, Florida 

PROJECT: To dredge in St. Andrews Bay and construct 36-inch and 
20-inch force main for industrial and municipal waste 
waters across St. Andrews Bay to aeration lagoon and 
construct 42-inch outfall into St. Andrews Bay for 
discharge of treated effluent at Panama City, Bay County. 
Across bay trench is 3,950 feet x 8 feet x 50 feet; 
effluent trench is 1,300 feet x 8 feet x 50 feet. Spoil 
material below elevation -10 will be placed in upland 
diked area . 

LOCATION: Section 14/2 2, Township 4 South, Range 14 West, Bay County. 

MATERIAL: Surplus material, if any, will be deposited on county 
property. 

PAYMENT: Waived. Surplus material will be placed behind dikes 
on county upland. 

STAFF REMARKS: Field Operations - No objection. 

ECOLOGICAL 

RESPONSES: Department of Natural Resources - No objection. 

Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control - No objection. 

Staff recommends issuance of Dredge Permit 253 . 123 (2) (b) -1086 
and waiver of fees, as any surplus material will be placed 
behind dikes on county-owned upland. 



September 19, 1972 



83 



ACTION OF THE TRUSTEES: 

On motion by Mr. Stone, seconded by Mr. Christian and passed 
without objection, the Board authorized issuance of the dredge 
permit without requiring payment of fees. 



-3- 

HAMILTON COUNTY - Dredge and Construction Permit No. 24-31-0103 
(July 26, 1972) 

APPLICANT: Department of Transportation 
Tallahassee, Florida 

PROJECT: To remove approximately 10 cubic yards of material from 
sovereignty land and to construct a boat ramp. 

LOCATION: Section 8, Township 2 South, Range 16 East, Hamilton 
County, Suwannee River. 

MATERIAL: 10 cubic yards to be placed on Department of Transporation 
right of way. 

PAYMENT: Waived, since material is to be placed on Department 
of Transportation right of way. 



ECOLOGICAL 
RESPONSES: 



Department of Natural Resources - No objection. 

Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control - No objection. 

Staff recommends issuance of Dredge and Construction Permit 
24-31-0103 and waiver of fee as material will be placed on 
Department of Transportation right of way . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Stone, seconded by Mr. Christian and passed 
without objection, the Board authorized issuance of the dredge 
and construction permit without requiring payment of fee. 



-4- 

DUVAL COUNTY - Marina License & Construction Permit No. ML-57 
(July 12, 1972) 

APPLICANT: Daly's Boatyard, Inc. 
c/o Eagle Marina, Inc. 
1935 East Beaver Street 
Jacksonville, Florida 32202 



PROJECT: 

LOCATION: 
MATERIAL : 
PAYMENT : 



STAFF 
REMARKS : 



ECOLOGICAL 
RESPONSES: 



Construction of pier facility covering 12,577 square 
feet of submerged land adjacent to an existing com- 
mercial facility in the St. Johns River abutting Ft. 
George Island. 

Township 1 South, Range 2 9 East, Duval County. 

No dredging required. 

$251.54 check has been tendered for first year's 
annual fee. 

Field Operations - No objection. 

Department of Natural Resources - No objection. 
Game and Fresh Water Fish Commission - No objection. 
Department of Pollution Control - No objection. 



September 19, 1972 



84 



Staff recommends issuance of Marina License and Construction 
Permit ML-57 for annual fee of $251.54 . 

ACTION OF THE TRUSTEES : 

On motion by Mr. Stone, seconded by Mr. Christian and passed 
without objection, the Board authorized issuance of marina 
license and construction permit for annual fee of $251.54 as 
recommended. 



-5- 

MARTIN COUNTY - Marina Permit No. ML- 41 
(August 3, 1972) 

APPLICANT: Angler's Cove Condominium of Martin Co., Inc. 
c/o Thurlow & Thurlow 
Post Office Box 106, Stuart, Florida 33494 



PROJECT: 



LOCATION: 



PAYMENT : 



STAFF 
REMARKS : 



Request that Marina License ML-41 issued in the name 
of Stuart Land Development, Inc., be assigned to 
Angler's Cove Condominium of Martin Co., Inc., and 
extended for one year. 

Section 30, Township 37 South, Range 42 East, Martin 
County. 

$174 has been tendered for annual renewal fee. 
Field Operations - No objection. 



ECOLOGICAL 

RESPONSES: Department of Natural Resources - No objection. 

Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control - No objection. 

Staff recommends assignment of ML-41 to Angler's Cove Condominium 
of Martin County, Inc., and renewal of marina license for one year , 

ACTION OF THE TRUSTEES: 

On motion by Mr. Stone, seconded by Mr. Christian and passed 
without objection, the Board authorized assignment of ML-41 
from Stuart Land Development, Inc., to Angler's Cove Condo- 
minium of Martin County, Inc., and renewal of the marina 
license for one year . 



-6- 

VOLUSIA COUNTY - Dredge Permit No. 253.123-841 
(March 29, 1972) 

APPLICANT: Jackson Morgan 

131 Sunrise Boulevard 
Daytona Beach, Florida 32018 

PROJECT: To dredge a navigation channel 1,500 feet x 50 feet x 
-5 feet. 

LOCATION: Halifax River, Section 34, Township 15 South, Range 33 
East, Volusia County. 

MATERIAL: Approximately 8,000 cubic yards to be removed and placed 
on owner's upland. 



PAYMENT : 



STAFF 
REMARKS : 



Check for $4,000 has been tendered in payment for fill 
material . 



Field Operations - No objection, 



September 19, 1972 



85 



ECOLOGICAL 

RESPONSES: Department of Natural Resources - No objection to 
project as revised. 

Game and Fresh Water Fish Commission - No objection 
to project as revised. 

Department of Pollution Control - No objection. 

Staff recommends issuance of Dredge Permit No. 253.123-841 . 

ACTION OF THE TRUSTEES : 

On motion by Mr. Stone, seconded by Mr. Christian and passed 
without objection, the Board authorized issuance of the dredge 
permit as recommended. 



-1- 

Proceeding with the agenda dated September 19, the Board approved 
the minutes of September 6, 1972. 



ESCAMBIA COUNTY 



Advertise for Oil and Gas Lease 
(June 29, 1972) 



APPLICANT: Humble Oil and Refining Company 
by G. Thomas Smith 
Post Office Box 12091, Pensacola , Florida 

REQUEST: Advertise for bids for an oil and gas drilling 
lease . 



LOCATION: 



INTEREST 
OF STATE: 



That portion of State Road 4 crossing Sections 1, 
2, 7, 8, 9, 10, 11 and 12, Township 5 North, 
Range 31 West; that portion of State Road 4-A 
crossing Sections 3 and 10, Township 5 North, 
Range 31 West; and that portion of State Road 
168 crossing Sections 2, 3, 4, 5 and 6, Township 
5 North, Range 31 West and Sections 31, 32, 33, 
34 and 35, Township 6 North, Range 31 West, con- 
taining a total of 84.61 net mineral acres. 

State of Florida for the use and benefit of the 
Department of Transportation. Proceeds from 
this lease will go to the Department of Transpor- 
tation. 



The Department of Transportation has reviewed this request 
and approves offering its interest in the petroleum for an 
oil and gas drilling lease. 

The request has been reviewed by the Director of Interior 
Resources, Department of Natural Resources, who concurs in 
the following recommendation. 

Recommend advertising for sealed bids for a five-year primary 
term lease with annual rental of $1 per net mineral acre, 1/6 
royalty, $50,000 surety bond, and at least one test well every 
2 1/2 years drilled to 6,000 feet or to a depth sufficient to 
test the.Norphlet Sands, whichever is deeper, with drilling" 
operations specifically prohibited on the road right of way . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Christian, seconded by Mr. Stone and passed 
without objection, the Board authorized advertisement for sealed 
bids as recommended by the staff . 



September 19, 1972 



86 



-3- 

PUTNAM AND FLAGLER COUNTIES - Oil Lease Public Hearing 

On August 18, 1972, a public hearing was held in the Town of 
Pomona Park as required by Section 253.52, Florida Statutes, 
to give all interested persons an opportunity to be heard 
with respect to issuance of a proposed oil and gas drilling 
lease . 

The proposed lease covers a portion of Lake Crescent and a 
reserved one-half interest in Lot 1, Section 27, Township 11 
South, Range 27 East, containing 2,792.09 net mineral acres, 
more or less. Gilbert E. Thayer and Sam F. Davis submitted 
the high bid of $3,025 for the lease on June 20, 1972. All 
proceeds from this lease will go to the Internal Improvement 
Trust Fund. 

Notice of the public hearing was published the required one 
time in the Palatka Daily News. No one appeared at the hearing 
in opposition to issuance of the lease. 

It is recommended that lease be issued to the high bidder . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Christian, seconded by Mr. Stone and passed 
without objection, the Board authorized issuance of the lease 
to the high bidder. 



-4- 

ORANGE COUNTY - Drainage Easement 
(July 6, 1972) 

APPLICANT: Board of County Commissioners of Orange County 

REQUEST: Drainage easement across a portion of the 
Sunland Training Hospital in Orlando. 

LOCATION: The east 100 feet of the SE% of SW% and South 

40 feet of West 238.84 feet of East 338.84 feet 

Corrected. of the SE% of SW% in Section 14, Township 22 South, 

See Minutes Range 28 East, Orange County. 
Jan. 3, 1973 

STAFF 

REMARKS: Field Operations has no objection. 

ECOLOGICAL 

RESPONSES: Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control - No objection. 

On April 8, 1972, the Board of County Commissioners of Orange 
County approved accepting a drainage easement across the 
hospital property for the benefit of Laurel Homes, Inc., a 
developer owning land south of the hospital. The Department 
of Health and Rehabilitative Services has reviewed and approved 
issuance of the easement to the county, provided maintenance is 
assumed by the county. 

Recommend granting a non-exclusive drainage easement to 
Orange County as requested . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Christian, seconded by Mr. Stone and passed 
without objection, the Board granted a non-exclusive drainage 
easement to Orange County as requested. 



September 19, 1972 



87 



•5- 



PUTNAM COUNTY - Murphy Act Land Sale 



Item 5 was withdrawn from the agenda for the reason that the 
Putnam County Murphy Act land sale to Lorene Investment Company 
had been considered as an addendum on September 6, 1972, and the 
sale under the Hardship Act was approved on that date. 



-6- 



CHARLOTTE COUNTY - Marina Permit No. ML-46 
(August 8, 1972) 

APPLICANT: Mary Lu , Inc. 

c/o Tri-County Engineering, Inc, 
121 East Charlotte Avenue 
Punta Gorda, Florida 33950 



PROJECT : 

LOCATION: 

MATERIAL: 

PAYMENT : 

STAFF 
REMARKS : 

ECOLOGICAL 
RESPONSES: 



To extend for one year Marina License ML-46, which 
expires August 17, 1972. 

Section 30, Township 40 South, Range 23 East, Peace 
River, Charlotte County. 

None involved. 

Check for $100 has been tendered. 

Field Operations - No objection. 



Department of Natural Resources - No objection. 

Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control - No objection. 

Staff recommends extending Marina License ML-46 for one year 
with annual fee of $100 . 

ACTION OF THE TRUSTEES : 

Noting that the application was without objections from any 
environmental agencies, Secretary of State Stone made a motion, 
seconded by Mr. Christian and passed without objection, approv- 
ing issuance of the marina license as recommended. 



-7- 

DADE COUNTY - Marina and Construction Permit No. ML-135 
(March 24, 1972) 



APPLICANT: 



PROJECT : 



LOCATION: 



MATERIAL : 
PAYMENT : 



STAFF 
REMARKS : 



Kings ley Arms Apartments 
9291 East Bay Harbor Drive 
Bay Harbor Islands, Florida 

To construct mooring facilities for 4 boats, using 
1,250 square feet of area. 

Kingsley Arms Apartments, 9291 East Bay Harbor 
Drive, Section 35, Township 52 South, Range 42 East, 
Dade County. 

None required. 

$300 bond posted. 



Field Operations - No objection. 



September 19, 1972 



88 



ECOLOGICAL 

RESPONSES: Department of Natural Resources - No objection. 

Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control - No objection. 

Staff recommends issuance of Marina and Construction License 
ML-135 for annual fee of $100 . 

ACTION OF THE TRUSTEES: 

Motion was made by Mr. Stone, seconded by Mr. Christian and 
passed without objection, that the marina and construction 
license be approved as recommended by the staff. 



BROWARD COUNTY - Dredge and Construction Permit No. 253.123-1167 
(July 27, 1972) 



APPLICANT: 



PROJECT : 



LOCATION : 



MATERIAL : 



PAYMENT : 



STAFF 
REMARKS: 



ECOLOGICAL 
RESPONSES: 



OTHERS : 



Department of Transportation 
Tallahassee, Florida 

To dredge approximately 554 cubic yards from the 
North Fork Middle River for installation of a 54-inch 
and 36-inch storm drain. 

Northeast 26th Street, Broward County, Section 25, 
Township 4 9 South, Range 42 East. 

All material will be placed on Department of Transpor- 
tation right of way. 

None, as material will be deposited on Department of 
Transportation right of way. 



Field Operations - No objection. 

Department of Natural Resources - No objection. 

Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control - No objection. 

Central and Southern Florida Flood Control District- 
No objections. 



Staff recommends issuance of dredge and construction permit No, 
253.123-1167. 



ACTION OF THE TRUSTEES: 

On motion by Mr. O'Malley, seconded by Mr. Stone and Mr. 
Christian, passed without objection, the Trustees approved 
the dredge and construction permit as recommended by the staff 



-9- 

BROWARD COUNTY - Utility Permit No. 06-23-0032 
(June 27, 1972) 

APPLICANT: Department of Transportation 
Tallahassee, Florida 

PROJECT: To install and maintain an 84 inch storm drain pipe 
into North Fork New River. Approximately 84 cubic 
yards will be dredged. 



September 19, 1972 



89 



LOCATION: 



MATERIAL ! 



PAYMENT : 



STAFF 
REMARKS : 



ECOLOGICAL 
RESPONSES: 



Northwest 22 Avenue extended, Fort Lauderdale, in 
Section 5, Township 50 South, Range 42 East, Broward 
County. 

Will be deposited on Department of Transportation 
right of way. 

None required. 
No objection. 



Department of Natural Resources - No objection. 

Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control - No objection. 

Staff recommends issuance of Utility Permit No. 06-23-0032 . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Christian, seconded by Mr. Stone and passed 
without objection, the Trustees approved the utility permit 
to the Department of Transportation. 



-10- 

BROWARD COUNTY - Utility Permit No. 06-23-0033 
(June 27, 1972) 



APPLICANT: 

PROJECT: 

LOCATION: 

MATERIAL : 

PAYMENT : 

STAFF 
REMARKS : 

ECOLOGICAL 
RESPONSES: 



Department of Transportation 
Tallahassee, Florida 

To install and maintain two storm drains into the 
North Fork New River, one 30" and one 36" pipe. 

Northwest 27 Avenue, Fort Lauderdale, Section 5, 
Township 50 South, Range 42 East, Broward County. 

No dredging or filling required. 

None required. 

No objection. 



Department of Natural Resources - No objection. 

Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control - No objection. 

Staff recommends issuance of Utility Permit No. 06-23-0033 . 

ACTION OF THE TRUSTEES: 

Mr. Kuperberg stated that these utility permits for the 

Department of Transportation were on the agenda because of 

the size of the drainage lines and the amount of work necessary. 

On motion by Mr. Christian, seconded by Mr. Stone and passed 
without objection, the utility permit to the Department of 
Transportation was approved. 

Mr. Stone commented that there were no objections from environ- 
mental agencies but he questioned whether placement of major 
storm drainage would degrade the water in the river , and 
whether there were any alternatives. 



September 19, 1972 



90 



The Director responded that everyone concerned about water 
quality is opposed to dumping runoff from streets directly 
into bodies of water; but here, there was no satisfactory 
alternative. The staff is continuously working with the 
Department of Transportation to find some new solutions, and 
requesting that wetlands be left intact because they are effec- 
tive filters of runoff. In urban areas the staff was doing 
everything it could to get away from the dumping of storm runoff 
into open water, and appreciates the support of the Cabinet. 



-11- 

BROWARD COUNTY - Construction Permit No. 
(June 26, 1972) 



06-12-0031 



APPLICANT: Oceanage Development Corporation 
c/o McLaughlin Engineering Co. 
400 Northeast Third Avenue, Ft. Lauderdale, Fla. 

PROJECT: To construct a seawall 216' long and reclaim lands 

lost by artificially induced erosion and to construct 
3 storm drainage lines waterward of the mean high 
water mark at Mayan Lake in the former New River 
Sound. 



LOCATION: Part of Government Lots 1 and 6, Section 13, 
Township 50 South, Range 42 East, in the City 
of Ft. Lauderdale, Broward County, Florida. 

MATERIAL: None - No dredging required. 

PAYMENT: None - Submerged lands acquired TIITF Deed No. 18651, 



STAFF 
REMARKS 



Field Operations - No objection. 

Section 253.124(8) Florida Statutes permits 
restoration of lands lost by artificially induced 
erosion caused by boating and water skiing activities. 



ECOLOGICAL 
RESPONSES: 



Department of Natural Resources - No objection. 
Suggest utilization of rip-rap on seaward side of 

seawall . 



OTHERS : 



Game and Fresh Water Fish Commission - Recommend 

no filling below mean high water line and utilization 

of rip-rap in place of vertical seawall. 

Department of Pollution Control - No objection. 

City of Ft. Lauderdale will issue permits when approval 
is received from affected government agencies . 



Staff recommends issuance of Permit No. 06-12-0031 to Oceanage 
Development Corporation subject to the placement of rip-rap on 
the seaward side of the seawall . 

ACTION OF THE TRUSTEES : 

Mr. Kuperberg stated that this was an application under the 
provisions of Section 253.124(8) to reclaim land lost by erosion. 

On motion by Mr. Stone, seconded by Mr. Christian and passed 
without objection, the staff recommendation was accepted as the 
action of the Board. 

Mr. Christian asked whether the use of riprap would be consis- 
tent with what is already in the area, and the Director advised 
that the applicant had accepted the recommendation for placing 
riprap on the seaward side of the seawall. 



September 19, 1972 



91 



-12- 



LEE COUNTY - Dredge Permit 253.123-874. 

The Director informed the Board that the applicant, James D. 
Newton, had requested deferral for 90 days as the property 
was being sold and the new purchaser might not wish to do 
the work, which would resolve the matter. 

Without objection, the application was deferred for 90 days. 



-13- 

MARTIN COUNTY - Dredge Permit No. 253.123-1148 
(June 23, 1972) 

APPLICANT: St. Lucie - Jupiter Development Corporation 
c/o Stafford and Brock 
Post Office Drawer 335, Stuart, Florida 

PROJECT: To dredge 4 access channels having a minimum width 
at 50 feet top cut and a depth of 5 feet mean low 
water extending offshore a maximum distance of 150 
feet. These channels will connect with open-end 
canals constructed across applicant's property in 
Manatee Pocket. The material removed will be placed 
on applicant's ownership. 

LOCATION: Manatee pocket in the Hanson Grant, Martin County. 

MATERIAL: 5,384 cubic yards of material to be removed. 

PAYMENT: $2,692 received at the standard yardage rate for 
Martin County. 



STAFF 
REMARKS : 



No objection 



ECOLOGICAL 

RESPONSES : Department of Natural Resources - Applicant proposes 
to conserve two significant stands of red mangroves 
in the area. Submerged bottoms in the creek and 
offshore from the canal connections are unvegetated. 
Construction of these proposed canals should not have 
significant adverse effects on marine biological 
resources, provided the red mangroves are carefully 
conserved. A mechanical thruster will be utilized 
to maintain circulation in the longest canal. 

Game and Fresh Water Fish Commission - The applicant 
has revised the permit application to include 
preservation of the majority of mangroves existing 
in the project area and in utilizing a mechanical 
thruster to maintain water circulation in the pro- 
posed canals. If adequate precautions are taken to 
maintain the mechanical thruster after the project 
is completed, only minor biological degradation 
should occur as a result of the proposed project. 

Department of Pollution Control - Concurs with 
Department of Natural Resources ' comments . Has 
no objection to project as proposed. 

OTHERS: Martin County - No objection. 

Staff recommends issuance of Dredge Permit 253.123-1148 . 

ACTION OF THE TRUSTEES : 

On motion by Mr. Stone, seconded by Mr. Christian and passed 
without objection, the Board approved issuance of the dredge 
permit subject to the recommendations of the environmental 
agencies . 



September 19, 1972 



92 



-14- 

PALM BEACH COUNTY - Dredge and Fill Permit 253.123-1206, 
253.124-233. 

The application of M. J. Carbone was withdrawn from the agenda, 
as it has been taken up on September 9, 1972, and approved on 
that date. 



-15- 

PINELLAS COUNTY - Purchase, Dredge and Fill 

Pinellas County Water and Navigation 
Control Authority File No. PD and F-353 
(August 9, 1972) 

APPLICANT: 144 St. Petersburg Beach Corporation 

1716 Niels Esperson Building, Houston, Texas 



PROJECT: 



LOCATION: 



MATERIAL: 



STAFF 
REMARKS : 



ECOLOGICAL 
RESPONSES: 



OTHERS : 



To dredge, fill and purchase approximately 0.5 acre 
in Boca Ciega Bay. 

Boca Ciega Bay, St. Petersburg Beach North, Unit #9, 
Corner Lot 1, Block 110, Pinellas County. 

5,000 cubic yards of material to be deposited on upland. 

Field Operations - Not received. 

Department of Natural Resources - Objects. 

Game and Fresh Water Fish Commission - Not received. 

Department of Pollution Control - Not received. 

Pinellas County Water and Navigation Control Authority 
denied this project. 



Staff recommends confirmation of the denial by Pinellas County 
Water and Navigation Control Authority of PD and F-353 . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Stone, seconded by Mr. O'Malley and passed 
without objection, the Board concurred in the denial by Pinellas 
County Water and Navigation Control Authority. 

Attorney General Shevin said in his opinion this application 
should not have been on the agenda, that the statute does not 
require that the Trustees confirm a denial, and that such 
cases should not come to the Trustees in the manner of an appeal, 



-16- 

SARASOTA COUNTY - Dredge Permit No. 253.123-848 
(May 4, 1972) 

APPLICANT: City of Sarasota 

Post Office Box 1058 
Sarasota, Florida 33578 

PROJECT: To remove approximately 11,000 cubic yards of 
material from Whitaker Bayou to improve navi- 
gation. 

LOCATION: From 27th Street and Cocoanut Avenue to Sarasota 
Bay, in Section 13 and 14, Township 35 South, 
Ranges 17 and 18 East, Whitaker Bayou, in Sarasota 
County. 



September 19, 1972 



MATERIAL : 



PAYMENT : 

STAFF 
REMARKS l 



93 

11,000 cubic yards of material to be removed, 
temporarily deposited on private upland, and then 
removed to city-owned property. 

Request waiver of the fee for the material. 
Field Operations - No objection. 



ECOLOGICAL , . 

RESPONSES: Department of Natural Resources - No objection. 

Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control - No objection. 

OTHERS: Sarasota County - No objection. 

Staff rec ommends issuance of Dredge Permit No. 253.123-848 to 
the City of Sara sota and waiver of the fee for the material as 
the material will u ltimately be deposited on ci t y^owned property . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Christian, seconded by Mr. Conner and Mr. O'Malley, 
passed without objection, the Trustees approved issuance of the 
dredge permit to the City of Sarasota and waived the fee, as 
recommended by the staff. 



DADE COUNTY 
APPLICANT : 

PROJECT : 
LOCATION: 



-17- 

- Construction and Fill Permit No. 253.124-251 
(August 16, 1972) 

George Helker, c/o Wilton R. Miller 
Bryant, Dickens, Rumph, Franson & Miller 
700 Tallahassee Bank Building 
Tallahassee, Florida 32301 

To construct a seawall and fill an area 900 feet long 
by 200 feet wide, approximately 3.6 acres. 

West side of Biscayne Bay, south of Broad Causeway in 
Section 28, Township 52 South, Range 42 East, Dade 
County. 

MATERIAL: Approximately 76,7 00 cubic yards of material will be 
used from upland sources . 

PAYMENT: None required, since applicant owns bottom land, 
TIITF Deed No. 22704-B. 

RESPONSES: Department of Natural Resources - Would have definite 
adverse effects on fish and wildlife. 

Game and Fresh Water Fish Commission - Recommend 

denial because of the destruction of biological 

resources . 

Department of Pollution Control - Objects to project. 
OTHERS: City of North Miami has issued its permit. 
STAFF RECOMMENDS denial of Permit 253.124-251 . 
ACTION OF THE TRUSTEES: 

Mr. Wilton R. Miller, attorney for the applicant', said he had 
provided each member a summary pertaining to this case, mat 
his legal position is that when the owner of privately owned 
land within an established bulkhead line applied to fill with 
material from other sources, that owner had the legal right 



September 19, 1972 



94 



to fill and the Trustees are under a duty to issue that fill 
permit or to institute eminent domain proceedings and compensate 
him for his property. He said this was the only unfilled parcel 
within the bulkhead line in this area, creating a hiatus and 
debris in its present condition, and to fill was the only way 
to utilize the parcel of land. 

Mr. O'Malley was very familiar with the area and asked Mr. Miller 
a number of questions regarding the maps and bulkhead line 
adjustments. Mr. O'Malley said the Dade County Planning 
Department should be contacted for aerial photographs and 
clarification as to what point the bulkhead line was established 
and curved south of the Broad Causeway. He felt that aerial 
photographs over a period of years would enable the members to 
make a fairer decision. 

Governor Askew asked the Attorney General to be prepared to 
advise whether the Board was under any mandate of the court 
in this type of circumstance. 

Mr. Stone felt that clarification was needed as to whether the 
Board had any discretion in the issuance of the fill permit 
if an applicant for a fill permit had purchased the land from 
the Trusteees, the area is within an established bulkhead line, 
and the source of the fill is from upland or other sources. 

Upon the request of Mr. O'Malley, further consideration was 
deferred for two weeks. 



On motion by Mr. Stone, seconded by Mr. O'Malley and passed 
without objection, the rules were waived for consideration of 
addendum items 18, 19 and 20. 



-18- 

MONROE COUNTY - Proposed Settlement. 

APPLICANT: Rimersburg Coal Company 
c/o John G. McKay, Jr. 

Ninth Floor, Dade Federal Savings Building 
101 East Flagler Street 
Miami, Florida 33131 

Trustees Field Operations Division reported that submerged lands 
in Sections 3 and 4, Township 67 South, Range 27 East, at Sugar 
Loaf Key, Monroe County, had been dredged and/or filled. Some 
of the filling took place between 1951 and 1959, and some took 
place between 1959 and 1963. 

Based on a review of all available information, it appears that 
25.01 acres of sovereignty lands have been filled during the 
period between 1951 and 1963. 

Applicant has offered to convey to the Board of Trustees 75 acres 
of upland it owns in exchange for a deed to the 25.01 acres which 
were inadvertently filled, the lands to be selected from uplands 
owned by the applicant. 

Staff recommends acceptance of the proposed settlement, subject 
to advertisement for objections only . 

ACTION OF THE TRUSTEES: 

Mr. Kuperberg recommended the resolution of this old issue as 
in the best interest of the State of Florida. The applicant 
had offered three times the number of acres filled years ago, 
to be selected jointly by the Trustees and the applicant from 
adjoining uplands. 

Mr. Christian spoke of the difficulty of obtaining school sites 
in Monroe County, and the possiblity that selection of the land 
might be coordinated with the County School Board . He said the 
Trusteees would be paid for the school land. 

September 19, 1972 



95 



On motion by Mr. Stone, seconded by Mr. O'Malley, the Trustees 
accepted the proposed settlement subject to advertisement for 
objections only, and requested the staff to work with the Depart- 
ment of Education in selecting a suitable site for a school, if 
possible, in the 75 acres to be conveyed to the Board of Trustees, 



-19- 

PINELLAS COUNTY - Sand Key, U. S. Steel. 

Mr. Kuperberg informed the Board that deferral for two weeks had 
been requested by Comptroller Dickinson. 

Attorney General Shevin recognized the automatic deferral and 
made some comments he thought appropriate at this time. He was 
pleased that the original lawsuit that was filed and the First 
District Court's favorable ruling on the Tonarama case, the Space 
Needle at Daytona Beach, apparently brought about serious nego- 
tiations between the City of Clearwater and U. S. Steel on the 
purchase of portions of the beach at Sand Key. But Mr. Shevin 
criticized the language in the contract that might place the 
Trustees in an unfavorable position if the state decided to join 
in a lawsuit, and for that reason he was glad there had been a 
delay. He pointed out that he took a voluntary non-suit in the 
case and, hopefully, the Trustees would agree to join in it at 
some future time there was something further to be gained by 
litigation. 

In the interim, Mr. Shevin had contacted U. S. Steel to ask for 
public access rights to the remaining portions of the beach. 

Without objection, action was deferred. 



-20- 

PALM BEACH COUNTY - Dredge and Fill Permit No. 253.123- 
875 and 253.124 (August 26, 1971) 

This matter was deferred on August 29, 1972. 

APPLICANT: J. Stockton Bryan, Sr. 

c/o Hutcheon Engineers, Inc. 

324 Royal Palm Way 

Palm Beach, Florida 33480 

PROJECT: To dredge approximately 3,000 cubic yards and 
fill submerged lands behind seawall to be con- 
structed . 

LOCATION: Section 34, Township 42 South, Range 43 East, 
Palm Beach County 

MATERIAL: 3,000 cubic yards of material will be dredged. 

PAYMENT: None. State-owned sovereignty land not involved. 



STAFF 
REMARKS : 



Field Operations Division has no objection. 



BIOLOGICAL 
RESPONSES: 



Department of Natural Resources - No objection. 
Bureau of Beaches and Shores recommends that the 
bulkhead should follow the mean high water line. 

Game and Fresh Water Fish Commission - Suggests 
that applicant not fill below mean high water 
line, and that existing riprap be left in place. 
Docks and piers could be constructed and naviga- 
tion could be satisfied by small access channel. 

Department of Pollution Control - No objection. 



September 19, 1972 



96 



OTHERS: 1. Area Planning Board - No objection. 

2. Board of County Commissioners - No objection. 

3. Town of Palm Beach - No objection. 

S TAFF RECOMMENDS approval of application for Permit No . 
253.123-875 and 253.124, as revised and accepted by the 
Department of Natural Resources, Division of Beaches and 
Shores, by letter of September 11, 1972 . 

ACTION OF THE TRUSTEES: 

The Director explained that the staff recommended denial when this 
application was on the agenda three weeks ago, because of objections 
from the Division of Beaches and Shores and the Game and Fresh 
Water Fish Commission. After revisions in the applicant's plan the 
Division of Beaches and Shores removed its objections, and the fact 
that a stone or riprap revetment will be used in lieu of some of 
the bulkhead would at least mitigate the objections of the Game and 
Fresh Water Fish Commission. The staff now recommends approval of 
the application as redesigned in a lazy "s" with a portion of the 
seawall replaced with riprap. 

On motion by Mr. Stone, seconded by Mr. Christian and passed without 
objection, the revised application was approved. 



TRUSTEES OFFICE - Permit Applications. 

Mr. Kuperberg distributed copies of the new permitting applica- 
tion and instruction booklet, reviewing briefly the directions 
of the Board on April 4 with respect to coordinating with the 
other environmental agencies of state government to develop 
a procedure that would allow the Trustees to consider within 
no more than 120 days all applications filed. 

The procedure developed by a private consulting firm was insti- 
tuted July 5, at which time the new application form was delayed 
in order to try to coordinate with the U. S. Corps of Engineers. 
An application filed with the state and federal government simul- 
taneously will have a shorter processing time at the state level, 
and also, it is hoped, will allow a simultaneous processing by the 
Corps. Staff is working with the Corps toward this goal. 



On motion duly adopted, the meeting was 




US~ 



GOVERNOR 



CHAIRMAN 



ATTEST: 




September 19, 1972 



97 



Tallahassee, Florida 
October 4, 1972 



The Board of Trustees of the Internal Improvement Trust Fund 
met on this date in the Haydon Burns Auditorium with the 
following members present: 

Reubin O'D. Askew Governor 

Richard (Dick) Stone Secretary of State 

Robert L. Shevin Attorney General 

Thomas D. O'Malley Treasurer 

Floyd T. Christian Commissioner of Education 

Doyle Conner Commissioner of Agriculture 



Joel Kuperberg Executive Director 



The minutes of the meeting of September 19, 1972, were approved 
with correction of the description in the second item on the 
agenda and minutes of the Escambia County land to be advertised 
for sealed bids for an oil and gas lease. The underscored 
portion of the following description was inadvertently omitted 
from the description on the agenda: 

LOCATION: That portion of State Road 4 crossing Sections 
1, 2, 7, 8, 9, 10, 11 and 12, Township 5 North, Range 31 
West; that portion of State Road 4-A crossing Sections 3 
and 10, Township 5 North, Range 31 West ; and that portion 
of State Road 168 crossing Sections 2, 3, 4, 5 and 6, 
Township 5 North, Range 31 West and Sections 31, 32, 33, 
34 and 35, Township 6 North, Range 31 West, containing 
a total of 84.61 net mineral acres. 



RESOLUTION - Canals 

On motion by the Attorney General, seconded by Mr. Christian, 
the rules were waived for consideration of a resolution offered 
by the Attorney General. 

On motion made by Attorney General Shevin, seconded by Commis- 
sioner of Education Christian and passed unanimously, the Board 
of Trustees adopted the following resolution: 

RESOLUTION OF THE BOARD OF TRUSTEES OF THE INTERNAL 
IMPROVEMENT TRUST FUND 
OF THE STATE OF FLORIDA 

WHEREAS, a preponderance of scientific evidence indicates 
that canals constructed to create waterfront building sites are 
ultimately deleterious to the aquatic resources which the 
Trustees in varying capacities, jointly and severally, are 
charged with protecting; and 

WHEREAS, it appears that such canals may cause serious 
environmental degradation which reaches beyond the boundaries of 
the immediate developed property; and 

WHEREAS, it appears that where these canals are incisions 
into the aquifer such development may threaten underground water 
resources as to both quantity and quality; and 

WHEREAS, it appears that waterfront canals may become a 
liability to the local government as well as to the owner of such 
waterfront property; and 

WHEREAS, it appears that the contaminated condition of 
labyrinthine canal systems presents a health hazard to both animal: 
and humans ; and 

WHEREAS, it appears that such canals threaten the quality 
of receiving waters, and create costly problems in maintenance for 
individual property owners and public agencies; and 



October 4, 1972 



98 



WHEREAS, it appears that the trend toward proliferation 
of such developments, if unabated, will lead to environmental 
disaster for Florida citizens; and 

WHEREAS, the State of Florida Board of Trustees of the 
Internal Improvement Trust Fund is gravely concerned by the problem. 

NOW, THEREFORE, BE IT RESOLVED by the State of Florida 
Board of Trustees of the Internal Improvement Trust Fund, in regular 
meeting assembled, that in the light of present knowledge regarding 
private residential canal systems it is the policy of the Board to 
discourage any agency, company, or person, public or private, from 
constructing a canal system without any prior notification of the 
Trustees and then applying upon completion for a permit to connect 
it to navigable waters of the State of Florida. 

BE IT FURTHER RESOLVED that the Trustees do hereby call 
on all persons to take notice that anyone in the process of selling 
lots, or who has sold lots, on the basis of a commitment to provide 
navigational access to these lots and is in the process of dredging 
upland canals will not thereby establish justification for the later 
issuance of a permit to connect them to the public waters of this 
state . 

BE IT FURTHER RESOLVED that a copy of this resolution be 
forwarded to each Board of County Commissioners, to the governing 
body of each municipality in Florida, to the Department of Pollution 
Control, to the United States Army Corps of Engineers, to the 
United States Environmental Protection Agency, and to each accredited 
representative of the news services in the Capitol to the end that 
this resolution be given widespread publicity. 



The Attorney General noted that while this was the date scheduled 
for consideration of the Sand Key item, it had been temporarily 
withdrawn. His office would continue to monitor the matter. He stated 
that a key criteria is a bond issue referendum in the City of 
Clearwater, the result of which the Trustees would want to consider. 

Without objection, the Sand Key matter was temporarily withdrawn. 



As the meeting of September 26 had been cancelled, the Board 
considered at this time the 11 applications on a previously 
circulated agenda of that date. 



-1- 

PALM BEACH COUNTY - Application for Disclaimer 
File No. 2474-50-253.129 
(August 23, 1972) 

STAFF 

DESCRIPTION: A parcel of filled sovereignty land in Lake 
Worth abutting Government Lot 2, Section 35, 
Township 44 South, Range 43 East, Palm Beach County. 



A. CITY AND COUNTY: 

B. APPLICANT: 



South Palm Beach, Palm Beach County 

W. R. M. Building Corporation 
4501 South Ocean Boulevard 
Palm Beach, Florida 



APPLICANT ' S 
REPRESENTATIVE: 



ACREAGE : 
APPRAISAL: 



BIOLOGICAL 
REMARKS : 



Richard E. Saleeby 
359 South County Road 
Palm Beach, Florida 33480 

1.38 acres 

Not applicable 

Not applicable 



October 4, 1972 



99 



G. STAFF REMARKS: The applicant has made application 

pursuant to Section 253.129, Florida 
Statutes, which provides that "The 
title to all lands heretofore filled or 
developed is herewith confirmed in the 
upland owners and the trustees shall on 
request issue a disclaimer to each such 
owner . " 

Two affidavits have been submitted that show that the parcel 
was in place prior to June 11, 1957. 

$100.00 processing fee has been submitted. 

Staff requests authority to issue the disclaimer . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Stone, seconded by Mr. Christian and passed 
unanimously, the Trustees approved issuance of the disclaimer for 
$100 processing fee. 



-2- 

DADE COUNTY - Campsite Lease 2303 
(August 24, 1972) 

APPLICANT: J. A. Belcher and James C. Ellenburg 

Post Office Box 1751, Miami, Florida 33101 



PROJECT: 



LOCATION: 



Renewal of Campsite Lease No. 2303 for one year with 
option to renew for an additional four years at 
annnual rental of $300.00. 

Dade County on the shoal area south of Key Biscayne 
in south Biscayne Bay. 



PAYMENT : 



$300. 00 per year, 



Staff recommends approval and issuance in accordance with the 
policy adopted on April 7, 1970, which requires all structures 
in existence to be under lease for so long as the structure re - 
mains in existence and provided that sanitary facilitites are 
installed by the lessee to prevent discharge of any raw sewage 
from the site. 

ACTION OF THE TRUSTEES: 

On motion by Mr. Stone, seconded by Mr. Christian and passed 
unanimously, the Trustees authorized renewal of Campsite Lease 
No. 2303 with the provisions recommended by the staff. 



-3- 

ALACHUA COUNTY - Dredge and Construction Permit No. 253.123-1034 
(February 1, 1972) 

APPLICANT: Board of County Commissioners 

Post Office Box 582, Gainesville, Florida 32601 

PROJECT: To dredge a 70 foot diameter turning basin and a 
5 foot wide canal connecting into Lake Santa Fe. 

LOCATION: Section 13, Township 9 South, Range 22 East, 
Alachua County. 

MATERIAL: 3,500 cubic yards of material will be displaced. 

PAYMENT: Request fee be waived, as project is in the public 
interest. 



STAFF 
REMARKS 



No objection. 



October 4, 1972 



100 



ECOLOGICAL 

RESPONSES: Department of Natural Resources - See Game and 
Fresh Water Fish Commission comments. 

Game and Fresh Water Fish Commission - No objec- 
tion provided project is constructed according to 
recommendations set forth in the July 15, 1971 
letter to Mr. Roy Miller, County Engineer of 
Alachua County. 



OTHERS ; 



Department of Pollution Control - No objection, 
Board of County Commissioners - No objection. 



Staff recommends issuance of Dredge and Construction Permit 
No. 253.123-1034 with the recommendations of the Game and 
Fresh Water Fish Commission . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Christian, seconded by Mr. Stone and passed 
unanimously, the dredge and construction permit was approved 
subject to the recommendations of the Game and Fresh Water Fish 
Commission, and without fee as the project is in the public 
interest. 



-4- 

GULF COUNTY - Utility Permit No. 23-33-0036 
(June 29, 1972) 



APPLICANT: 

PROJECT : 

LOCATION: 
MATERIAL : 
PAYMENT : 



STAFF 
REMARKS: 



ECOLOGICAL 
RESPONSES: 



City of Port St. Joe 

c/o David B. Smith and Register and Cummings 

Associated Engineers 

2512 Southwest 34th Street 

Gainesville, Florida 32601 

To install a 48 inch diameter outfall line with 3 
branch lines 36 inch diameter for effluent disposal 
from Port St. Joe water treatment plant, extending 
approximately 1,500 feet into St. Josephs Bay. 

City of Port St. Joe, Gulf County. 

No dredging required. 

None required as no sovereignty material will be 
used. 



Field Operations - No objection. 



Department of Natural Resources - No objection. 

Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control - No objection. 

Staff recommends issuance of Utility Permit No. 23-33-0036 . 

ACTION OF THE TRUSTEES : 

On motion by Mr. O'Malley, seconded by Mr. Stone and passed 
unanimously, the Trustees authorized issuance of the utility 
permit to the City of Port St. Joe. 



October 4, 1972 



101 



-5- 

HERNANDO COUNTY - Dredge and Fill Permit No. 253.123-1065 
and 253.124-297 
(April 25, 1972) 

APPLICANT: Board of County Commissioners of Hernando County 
Post Office Box 185, Brooksville, Florida 33512 



PROJECT: 



LOCAION: 

MATERIAL: 

PAYMENT : 

STAFF 
REMARKS : 



To dredge an 1,800 foot long by 40 foot wide by 
3 foot deep extension to an existing channel. The 
material to be removed will be placed alongside the 
channel . 

Section 11, Township 23 South, Range 16 East, 
Hernando County. 

6,000 cubic yards. 

None. Material will be placed on sovereignty land. 

Field Operations - No objections. 



ECOLOGICAL 

RESPONSES: Department of Natural Resources - No objection. 

Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control - No objection. 

OTHERS: Hernando County - No objections. 

Staff recommends issuance of Dredge and Fill Permit No. 253.123 - 
1065 and 253 . 124-297" : 

ACTION OF THE TRUSTEES : 

On motion by Mr. O'Malley, seconded by Mr. Stone and passed 
unanimously, the Trustees authorized issuance of the dredge and 
fill permit to the Board of County Commissioners of Hernando 
County. 



HILLSBOROUGH COUNTY 



-6- 

Fill Permit No. 253.124-272 
(June 19, 1972) 



APPLICANT: Hendry Corporation 

Post Office Box 13228, Tampa, Florida 33611 



PROJECT: 

LOCATION: 

MATERIAL: 

PAYMENT : 

STAFF 
Remarks : 

ECOLOGICAL 
RESPONSES: 

OTHERS : 



To. construct a sheet steel piling retaining wall 
and docking facility in front of an existing 
deteriorated seawall. Material needed for back 
filling will come from upland sources. 

Section 6, Township 30 South, Range 18 East. 

None. No dredging required. 

Not applicable. 

Field Operations - No objection. 

Department of Natural Resources - No objection. 

Game and Fresh Water Fish Commission - Objects. 

Department of Pollution Control - No objection. 

Tampa Port Authority approved a permit for Hendry 
Corporation on June 13, 1972, No. TPA 72-5. 



Staff recommends issuance of Construction Permit No. 253.124-272, 



October 4, 1972 



102 



ACTION OF THE TRUSTEES : 

In response to an inquiry Mr. Kuperberg stated that a field 
investigation showed that no unauthorized filling had been done, 

On motion by Mr. O'Malley, seconded by Mr. Stone and passed 
unanimously, the construction permit was approved. 



-7- 

MARTIN COUNTY - Marina License Permit No. 43-30-0013 
(June 7, 1972) 

APPLICANT: Intracoastal Boatel Company 
c/o Roman Mager , President 
Post Office Box 1800, Stuart, Florida 33494 



PROJECT: 

LOCATION: 

MATERIAL : 
PAYMENT : 



STAFF 
REMARKS: 



To construct a marina in the south fork of the 
St. Lucie River at Palm City, Florida. The area 
of the marina is 3,744 square feet. 

Government Lot 1, Section 17, Township 38 South, 
Range 41 East, Martin County. 

None. No sovereignty land involved. 

$100.00 minimum annual fee received. $300.00 
bond posted. 



Field Operations - No objections. 



ECOLOGICAL 

RESPONSES: Department of Natural Resources - No objection. 

Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control - No objection. 



OTHERS : 



Board of County Commissioners - Approved 
May 9, 1972. 



Staff recommends issuance of Marina License No. 43-30-0013 
with a minimum annual fee of $100.00 . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Stone, seconded by Mr. Christian and passed 
unanimously, the marina license permit to Intracoastal Boatel 
Company was approved as recommended. 



PALM BEACH COUNTY - Dredge and Construction Permit No. 253.12 3-939 
(August 16, 1972) 

APPLICANT: The Regency of Palm Beach, Inc. 
c/o Foresight, Inc. 

201 North Federal Highway, Suite 107, 
Deerfield Beach, Florida 33441 

PROJECT: To dredge a navigation channel 40 feet wide, 6 

feet deep, 4 30 feet long. The shoreward 50 feet 
will be dredged 75 feet wide as a boat basin in 
the vicinity of a proposed dock. 

LOCATION: Easterly shore of Lake Worth in Section 23, Township 
44 South, Range 43 East, Palm Beach County. 



October 4, 1972 



MATERIAL : 



PAYMENT : 

STAFF 
REMARKS 



103 

2,300 cubic yards sovereignty material to be removed 
and placed on uplands outside the corporate limits 
of the Town of Palm Beach. 

$2,300 for material at standard rates. 
Field Operations - No objection. 



ECOLOGICAL 

RESPONSES: Department of Natural Resources - No objection. 

Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control - No objection. 

OTHERS: 1. Area Planning Board of Palm Beach County - No objection. 

2. Board of County Commissioner of Palm Beach County- 
No objection. 

3. Town of Palm Beach - No objection. 

Staff recommends issuance of Dredge and Construction Permit No . 
253.123-939 . 

ACTION OF THE TRUSTEES : 

On motion by Mr. Stone, seconded by Mr. O'Malley and passed 
unanimously, the Trustees approved issuance of the dredge and 
construction permit as recommended. 



-9- 

PALM BEACH COUNTY - Construction and Fill Permit No. 253.124-316 
(August 14, 1972) 

APPLICANT: Palm Beach County 

Board of County Commissioners 
West Palm Beach, Florida 

PROJECT: To construct a seawall 745 feet long between 2 

existing seawalls and to reclaim a 245 foot strip 
of land (lost by artifically induced erosion) by 
backfilling with hauled in material. 

LOCATION: Phil Foster Park in Section 27, Township 42 South, 
Range 4 3 East, Palm Beach County. 

MATERIAL: All material will be from upland sources. 

PAYMENT: Request fees be waived, since project is in public 
interest. 



STAFF 

REMARKS : Field Operations - No objection. 

ECOLOGICAL 

RESPONSES: Department of Natural Resources - No objection. 

Game and Fresh Water Fish Commission - Recommends 
filling be eliminated and seawall constructed above 
mean high water line with stone riprap. 

Department of Pollution Control - No objection. 

OTHERS: 1. County Commission - No objection. 

2. Area Planning Board - No objection. 

Staff recommends issuance of Construc tion and Fi ll Permit No. 
253.124-316 with the provision that riprap be placed on the 
seaward side of the seawall. 



October 4, 1972 



104 



ACTION. OF THE TRUSTEES: 

Mr. Kuperberg stated that the staff was not able to comply with 
a portion of the recommendations of the Game and Fresh Water 
Fish Commission. 

On motion by Mr. O'Malley, seconded by Mr. Stone and passed 
unanimously, the Trustees approved issuance of the construction 
and fill permit with the provision for use of riprap on the seaward 
side of the seawall. 



-10- 

POLK COUNTY - Marina License No. ML-95 

At the request of the staff, the application of R. F. Puterbaugh 
for construction of a marina facility in Section 6, Township 31 
South, Range 28 East, Crooked Lake, Polk County, was withdrawn 
from the agenda. 



-11- 

ST. LUCIE COUNTY - Dredge Permit No. 253.123-1032 
(July 25, 1972) 



APPLICANT: 



PROJECT ; 



LOCATION: 



MATERIAL : 



PAYMENT : 

STAFF 
REMARKS 



Perry Boswell 

Post Office Box 41, Stuart, Florida 33494 

To dredge a canal 300 feet x 50 feet x -5 feet 
into the North Fork St. Lucie River to improve 
navigation. 

Section 36, Township 37 South, Range 40 East, 
St. Lucie County. 

Approximately 1,88 9 cubic yards will be removed 
from sovereignty land, and placed behind adequately 
diked spoil area on applicant's upland. 

$944.50 (not received) 

Field Operations - No objection. 



ECOLOGICAL 

RESPONSES: Department of Natural Resources - No objection. 

Game and Fresh Water Fish Commission - No 
objection. 

Department of Pollution Control - No objection. 

OTHERS: Board of County Commissioners of St. Lucie County- 
No objection. 

Staff recommends issuance of Dredge Permit No. 253-123-1032 . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Stone, seconded by Z4r . Christian and passed 
unanimously, the Trustees approved issuance of the requested 
dredge permit. 



October 4, 1972 



105 



-l- 



Proceeding with consideration of the applications on the agenda 
previously issued under date of October 3, it is noted for the 
record that item 1, approval of the minutes of September 19, 
was taken up at the beginning of this meeting. 



BROWARD COUNTY - Dredge and Fill Permit No. 253.123-929 
(August 30, 1972) 



APPLICANT: 



Department of Transportation 
Tallahassee, Florida 



PROJECT: To construct a bascule bridge over the Intracoastal 
Waterway on State Road 820 in Broward County. It 
is proposed to dredge 26,465 cubic yards from land 
cut bottoms and place 12,528 cubic yards fill landward 
of bulkhead line with riprap sloping waterward from 
seawall face at elevation -5 to elevation -13.0 mean 
sea level. 



LOCATION: 



MATERIAL : 



Section 13, Township 51 South, Range 42 East, 
Broward County. 

26,465 cubic yards to be removed from Intracoastal 
Waterway land cut. 



PAYMENT : 



STAFF 
REMARKS ; 



Field Operations - No objection. 



ECOLOGICAL 
RESPONSES: 



Department of Natural Resources - No objection. 

Game and Fresh Water Fish Commission - Requests use 

of silt screen and a limestone boulder riprap to reduce 

erosion and increase productivity of littoral zone. 

Department of Pollution Control - No objection. 

OTHERS: Department of Natural Resources - Bureau of Beaches 
and Shores recommends ogee curve west 30 feet radius 
at north end Ramp "A" . 

Staff recommends issuance of Permit 253.123-929 subject to Game 
and Fresh Water Fish Commission and Department of Natural Resources 
recommendations . 

ACTION OF THE TRUSTEES: 

Motion was made by Mr. Stone, seconded by Mr. Christian and 
passed unanimously, that the permit be approved subject to 
the conditions recommended by the environmental agencies. 



-3- 

DADE COUNTY - Dredge Permit No. 253.123-1170 
(August 2,, 1972) 

APPLICANT: William P. Hardie 

c/o Garris Engineers, Inc. 

622 Southwest 27th Avenue, Miami, Florida 33135 



PROJECT: 



To deepen an existing boat slip to -11 feet depth 
mean low water and construct bulkheads. 



LOCATION: 



Section 34, Township 53 South, Range 41 East, 
North side of the Miami River, Dade County. 



MATERIAL : None to be removed from sovereignty lands . 



October 4, 1972 



106 



PAYMENT : None . 

STAFF 

REMARKS: Field Operations - No objection. 

ECOLOGICAL 

RESPONSES: Deparment of Natural Resources - No objection, 
if silt is contained as proposed. 

Game and Fresh Water Fish Commission - Recommends 
that the shore line be graded to a gradual slope 
and that sheet pile wall be eliminated or relocated 
above the mean high water line. Spoil should be 
retained by adequate dikes at the north end of the 
boat basin, and diapers should be installed at the 
south end of the boat slip. 

Department of Pollution Control - No objection. 



OTHERS : 



Dade County Board of County Commissioners - No 
objection. 



Staff recommends issuance of Dredge Permit No. 253.123-1170 
subject to use of adequate silt retention devices . 

ACTION OF THE TRUSTEES : 

Mr. Kuperberg said the staff was not able to comply with some 
of the Game and Fresh Water Fish Commission recommendations 
because the project is a boatyard slip and sloping banks would 
be infeasible. 

On motion by Mr. Stone, seconded by Mr. O'Malley and passed 
unanimously, the dredge permit was approved subject to use of 
adequate silt retention devices. 



-4- 



FRANKLIN COUNTY - Dredge Permit No. ML- 18 
(May 30, 1972) 



APPLICANT: 



PROJECT: 



LOCATION: 



MATERIAL : 



PAYMENT : 



STAFF 
REMARKS 



Alligator Point Marina, Inc. 

c/o Truett and Watkins 

Post Office Box 1814, Tallahassee, Florida 32302 

To construct a corrugated metal bulkhead and 
dredge an area 230 feet long by 100 feet wide. 

Section 3, Township 7 South, Range 2 West, 
Alligator Point, Franklin County. 

8,000 cubic yards of material to be removed from 
sovereignty land. 

$4,000.00 tendered as payment for material. 
Field Operations - No objection. 



ECOLOGICAL 

RESPONSES: Department of Natural Resources - No objection as long 
as spoil is placed on uplands. 

Game and Fresh Water Fish Commission - No objection. 
Spoil should be placed on uplands. 

Department of Pollution Control - No objection. 

Staff recommends issuance of Dredge Permit No. ML-18 provided 
that a silt retaining device shall be used and that dragline 
work be performed prior to connection with Alligator Harbor , 
and that all spoiling be on uplands. 



October 4, 1972 



107 



ACTION OF THE TRUSTEES: 



On motion by Mr. O'Malley, seconded by Mr. Stone and passed 
unanimously, the Trustees approved the staff recommendations 
for issuance of the dredge permit. The applicant has agreed to 
the condition that all spoiling be done on upland property. 



-5- 



VOLUSIA COUNTY 



Marina License Permit No. 64-30-0099 
(June 16, 1972) 



APPLICANT: Executive Enterprises of Florida 
Joint Venture 

137 Sunrise Boulevard, Suite 16 
Daytona Beach, Florida 32018 

PROJECT: To construct a commercial dock 150 feet long 
with end T 50 feet x 26 feet on the west 
shore of the Halifax River at Daytona Beach; 
marina area 4,776 square feet. 

LOCATION: Government Lot 2, Section 5, Township 15 South, 
Range 33 East, Volusia County. 

MATERIAL: Not applicable. 

PAYMENT: Minimum annual fee $100.00, received. Cash 
bond $300.00, received. 



STAFF 
REMARKS 



No objection 



ECOLOGICAL 
RESPONSES : 



OTHERS : 



Department of Natural Resources - No objection. 

Game and Fresh Water Fish Commission - No 
objection . 

Department of Pollution Control - No objection. 

City Commission issued City of Daytona Beach, Permit 
by Resolution No. 72-118. 



Staff recommends issuance of Marina License 64-30-0099 . 

ACTION OF THE TRUSTEES: 

On motion by Mr. O'Malley, seconded by Mr. Stone and passed 
unanimously, the Trustees approved issuance of the marina license, 



-6- 

PINELLAS COUNTY - Dredge Permit No. 253.123-1156 
(May 1, 1972) 

APPLICANT: The Ervin Company (Sunstate Builders, Inc.) 
Post Office Box 15657, Tampa, Florida 

PROJECT: To dredge a navigation channel 627 feet x 5 
feet below mean low water, and to construct 
an upland boat basin in Old Tampa Bay at 
Cove Cay - Aliens Creek. 

LOCATION: Northwest quarter of Section 29, Township 2 9 South, 
Range 16 East, Pinellas County. 

MATERIAL: 9,6 00 cubic yards to be removed from sovereignty 
bottoms . 

PAYMENT: $9,600.00 paid for material at standard yardage rates. 



October 4, 1972 



108 



STAFF 

REMARKS: Field Operations - No objection. 

ECOLOGICAL 

RESPONSES: Department of Natural Resources - No objection. 

Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control - No objection. 

OTHERS: Pinellas County Water and Navigation Control 
Authority - No objection. 

Staff recommends issuance of Dredge Permit No. 253.123-1156 . 

ACTION OF THE TRUSTEES : 

On motion by Mr. Stone, seconded by Mr. O'Malley and passed 
unanimously, the Trustees approved issuance of the dredge 
permit. 



-7- 



WALTON COUNTY 



Confirm a Public Sale of Murphy Act Land 
(August 21, 1972) 



LAND 

DESCRIPTION: Commencing 92 feet West of Northeast corner of 
Block 1626, run West 100 feet, thence South 135 
feet, thence East 100 feet, thence North 135 feet, 
Town of DeFuniak Springs, Florida, in Walton County. 



LOCATION: 



APPRAISAL: 

AUTHORITY 
FOR SALE: 

DATE OF 
SALE: 



The land is a parcel 100 feet by 135 feet in Block 
1626, with 100 feet frontage on unpaved street, in 
a sparsely (old) developed residential area in the 
northern perimeter of DeFuniak Springs with homes 
in the $1,500 to $6,000 class. 

By staff appraiser, $335.00 
Section 197.350, Florida Statutes 



August 21, 1972, by Clerk of the Circuit Court of 
Walton County. 



HIGH 
BIDDER: 



HIGH BID: 



Oliver Cook, Route 4, Box 315, DeFuniak Springs, 
Florida 

$335.00 

Recommend confirmation of sale of this parcel of land to Oliver 
Cook for $335.00 plus costs of advertising and clerk's fees . 

ACTION OF THE TRUSTEES: 

Motion was made by Mr. O'Malley, seconded by Mr. Stone and 
passed unanimously, confirming the public sale of the parcel 
of land under provisions of the Murphy Act to Oliver Cook as 
recommended by the staff. 



October 4, 1972 



109 



-8- 

SANTA ROSA COUNTY - Advertise for Oil and Gas Lease 
(June 19, 1972) 

APPLICANT: Continental Oil Company 

Post Offfice Box 51266, OCS 
Lafayette, Louisiana 

REQUEST: Advertise for bids for an oil and gas drilling lease. 

LOCATION: Those portions of State Road 10 (U.S. No. 90) and 
Interstate 10 lying in Sections 25, 26, 27, 34, 
35, and 36, Township 2 North, Range 27 West, 
Santa Rosa County, containing a total of 285 surface 
acres (285 net mineral acres) . 

INTEREST 

OF STATE: Department of Transportation holds a full interest 
in the petroleum. 

Proceeds from this lease will go to the Department of Trans- 
portation. 

The request has been reviewed by the Director of Interior 
Resources, Department of Natural Resources, who concurs in the 
following recommendation. 

Recommend advertising for sealed bids for a five-year primary 
term lease with annual rental of $1 per net mineral acre, 1/6 
royalty, $50,000 surety bond and at l east one test well every 
2h years drilled to 6,000 feet or to a depth sufficient to test 
the Norphlet Sands, whichever is deeper. Well drilling operations 
are prohibited on the road rights-of way . 

ACTION OF THE TRUSTEES: 

Motion was made by Mr. Christian, seconded by Mr. O'Malley 
and passed without objection, authorizing advertisement of the 
lease for sealed bids as recommended by the staff. 



PALM BEACH COUNTY 



-9- 

Road and Drainage Easement 
(July 27, 1972) 



APPLICANT: 



Seminole Sugar Corporation 
Belle Glade, Florida 



APPLICANT'S 

REPRESENTATIVE: Hutcheon Engineers, Inc. 

324 Royal Palm Way, Palm Beach, Florida 



REQUEST: 



LOCATION: 



Easement for road right of way and canal drainage. 

Across north line of Section 4 and west lines 
of Sections 4, 9 and 16, Township 43 South, 
Range 39 East, Palm Beach County. 



The easement requested by Seminole will allow drainage -and 
access affecting approximately 2,400 acres of land north of the 
eight and one-half sections of state land at Twenty-Mile Bend 
which are under control of the Glades Correctional Institution. 
The Central and Southern Florida Flood Control District 
requirement for drainage of this land is the discharge of water 
to the south into the West Palm Beach Canal. To accomplish this, 
Seminole is requesting an easement over state land which will 
involve improvements to an existing GCI borrow ditch and dike 
and subsequent maintenance at Seminole's expense. A road is 
proposed on the recontructed dike. 

The Department of Health and Rehabilitative Services has reviewed 
the engineering plans prepared by Hutcheon Engineers, Inc. for 
this request and, in view of the benefits that will be derived 
by the institution, recommends granting the easement to Seminole. 



October 4, 1972 



110 



Game and Fresh Water Fish Commission reviewed the proposed plans, 
inspected the property, and has no objections to the proposal. 

Field Operations recommends approval of the drainage easement. 

Recommend issuance of non-exclusive easement to Seminole 
Sugar Corporation in and to the west 100 feet of Sections 4 , 
9 and 16, north of the West Palm Beach Canal and the north 100 
feet of Section 4, all in Township 43 South, Range 39 East , 
Palm Beach County . 

ACTION OF THE TRUSTEES : 

Motion was made by Mr. Stone, seconded by Mr. Christian and 
passed without objection, approving issuance of non-exclusive 
easement to Seminole Sugar Corporation in and to the land 
described above, as recommended by the staff. 



Motion was made by Mr. Christian, seconded by Mr. Stone and 
passed without objection, to waive the rules for consideration 
of all the following items added to the original agenda. 



■10- 



PINELLAS COUNTY - Application for Quitclaim 
File No. 617-52-253.12, 
(September 19, 1972) 



A. 



STAFF DESCRIPTION; 



CITY AND COUNTY: 
APPLICANT: 



C. APPLICANT'S 

REPRESENTATIVE : 



D . ACREAGE : 

RATE PER ACRE: 

E. APPRAISAL: 

F. PURPOSE: 



A parcel of filled sovereignty land 
in Section 9, Township 31 South, 
Range 15 East, 0.29 acre 

Madeira Beach, Pinellas County. 

City of Madeira Beach 

Mayor Raymond W. Hanke , Jr. 

300 Municipal Drive 

Maderia Beach, Florida 33708 

0.2 9 acre 

$17,100 per acre. $4,959 for the 
state's interest in the parcel. 

A. B. Fogarty, M.A.I. , June 25, 1971, 
reviewed and projected by staff appraiser 
September 19, 1972. 

Commercial enterprise 



G. BIOLOGICAL 
REMARKS : 



H. STAFF REMARKS 



Not applicable. The parcel is filled 
and is not on the water. 

The parcel is the westerly tip of a 
15-acre parcel dedicated by No. 22473 
(617-52) , as authorized by the Trustees 
May 10, 1960, with public purpose 
restrictions. The restrictions were 
modified by No. 22473(617-52) Supple- 
mental, as authorized by the Trustees 
April 19, 1966. 

The parcel is now severed from the 
original 15-acre parcel by Municipal 
Drive and is contiguous to a 5-acre 
plus parcel the city acquired from 
other sources. 



October 4, 1972 



Ill 



A special election was held by the city 
on January 11, 197 2, and the voters 
approved the sale of the 5% acres, which 
includes the 0.29 acre parcel. The vote 
was 103 to 36 in favor of sale of the 
property. 

The city received a high bid of $228,000 
for the 5% acre parcel and by Resolution 
No. 71.4 3 has allotted the major portion 
of the sum for acquisition and construction 
of specific recreational projects. 

The staff is of the opinion' that the public 
interest would be served by the issuance 
of a quitclaim for the purpose of removing 
the restrictions from the 0.29-acre parcel. 

This application is placed on the agenda at the request of the 
Commissioner of Education. 

Staff requests authority to issue the quitclaim deed upon payment 
of the appraised value of $4,959~ 

ACTION OF THE TRUSTEES: 

On motion by Mr. O'Malley, seconded by Mr. Stone and passed 
without objection, the Trustees approved issuance of the 
requested quitclaim deed upon payment of the appraised value 
for the state's interest in the parcel of land. 



-11- 
TRUSTEES OFFICE 

Staff requests authority to relocate our personnel in the building 
at 206 West Madison Street to the Brock Building. The Brock Build- 
ing is ideally located just across Pensacola Street from the Elliot 
Building. The move should increase the staff's efficiency and _ 
provide additional space necessary due to the additional positions 
recently approved by the legislature. The Governor's office 
will utilize the building at 206 West Madison Street. 

Total costs to renovate the Brock Building are estimated to be 
$20,000 of which $10,000 will be requested from the State Defi- 
ciency Fund and $10,000 will come from the regular expense budget 
of the Trustees' Staff. Staff anticipates having the work com- 
pleted and making the move by November 1, 1972. 

ACTION OF THE TRUSTEES : 

On motion by Mr. O'Malley, seconded by Mr. Stone and passed 
without objection, the staff request was granted. 



-13- 

SARASOTA COUNTY - Dredge Permit No. 2 5 3.123-1140 
(November 9, 1971) 

Placed on the Agenda at the request of the Governor's Office. 

APPLICANT: Siesta Cove Community, Inc. 

3101 Maguire Boulevard, Orlando, Florida 
c/o Mosby Engineering Associates, Inc. 
6601 Superior Avenue, Sarasota, Florida 

PROJECT: To dredge a canal 2000 feet x 75 feet to 240 feet 
(-)6.0 below mean low water at Siesta Key, 
Sarasota County. 

LOCATION: Government Lot 1, Section 7, Township 37 South, 
Range 18 East, Sarasota County. 



October 4, 1972 



112 



MATERIAL: 60,000 cubic y ards to be removed of which 8 , 000 
cubic yards will come from state bottoms. 

PAYMENT: Applicant has offered 8.1 acres of low upland and 
submerged land to the Trustees in lieu of cash 
payment . 

STAFF 

REMARKS: Field Operations - No objection. 

ECOLOGICAL 

RESPONSES: Department of Natural Resources - No objection. 

Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control - No objection. 

OTHERS: Sarasota County Water and Navigation Control 
Authority, Major Work Permit 72-4-M approved 
modification of permit to exclude boat basin. 

Staff recommends issuance of Dredge Permit No. 253.123-1140 
to dredge perimeter channel only, subject to receipt of 
warranty deed to 8.1 acre parcel of low uplands and submerged 
land . 

ACTION OF THE TRUSTEES: 

Mr. Kuperberg called attention to the correction of acreage 
from 7.5 to 8.1 acres offered by the applicant. 

On motion by Mr. O'Malley, seconded by Mr. Stone and passed 
unanimously, the Trustees approved issuance of the dredge 
permit for the perimeter channel only, subject to receipt of 
warranty deed to 8.1 acres of low uplands and submerged land. 



-14- 

WITHLACOOCHEE RIVER IN LEVY, CITRUS AND MARION COUNTIES - 
Draw-down and Maintenance Dredging 

The Corps of Engineers has lowered that portion of the 
Withlacoochee River extending from the dam in Levy County 
through Citrus County and to Blue Run in Dunellon in Marion 
County, from its normal level of 27 - 27.5 feet to 24 feet. 
The draw-down was done to facilitate maintenance dredging of 
the river channel and repair to the dam. 

All material removed will be placed on upland spoil disposal 
area. 

The permits issued will be subject to concurrence by the U. S. 
Army Corps of Engineers. 

The Southwest Florida Water Management District, the Department 
of Pollution Control, the Game and Fresh Water Fish Commission, 
and Field Operations Division have no objection to this work. 

Staff requests authority to grant permits to riparian owners to 
perform maintenance dredging in the adjoining boat slips, 
channels and bathing areas in this section of the Withlacoochee 
River . 

ACTION OF THE TRUSTEES: 

On motion by Mr. O'Malley, seconded by Mr. Chrisitian and passed 
unanimously, the Trustees approved the staff request and 
authorized the granting of maintenance dredge permits. 



October 4, 1972 



113 



-12- 

DADE COUNTY - Construction and Fill Permit No. 253.124-251 
(August 16, 1972) 

On September 19, action was deferred for two weeks at the 
request of the Treasurer. 

APPLICANT: George Helker, c/o Wilton R. Miller 

Bryant, Dickens, Rumph, Franson & Miller 
700 Tallahassee Bank Building 
Tallahassee, Florida 32301 

PROJECT: To construct a seawall and fill an area 900 feet long 
by 200 feet wide, approximately 3.6 acres. 

LOCATION: West side of Biscayne Bay, south of Broad Causeway in 
Section 28, Township 52 South, Range 42 East, Dade 
County. 

MATERIAL: Approximately 76,700 cubic yards of material will be 
used from upland sources. 

PAYMENT: None required, since applicant owns bottom land, 
TIITF Deed No. 22704-B. 

ECOLOGICAL 

RESPONSES: Department of Natural Resources - Would have definite 
adverse effects on fish and wildlife. 

Game and Fresh Water Fish Commission - Recommend 
denial because of the destruction of biological 
resources . 

Department of Pollution Control - Objects to project. 

OTHERS: City of North Miami has issued its permit. 

STAFF RECOMMENDS denial of Permit 253.124-251 . 

ACTION OF THE TRUSTEES: 

Executive Director Kuperberg stated that the staff recommended 
denial of the dredge and fill application based on the objections 
from the environmental agencies of destruction of biological 
resources and degradation of water quality. 

Asked by the Governor to summarize his findings with respect 
to the assertions of the applicant's attorney on September 19 
that the Trustees had no discretion to deny the fill permit, the 
Attorney General expressed the opinion that the Trustees have the 
constitutional authority to deny a fill permit to Mr. Helker or 
any private owner of land formerly sovereignty land if a determina- 
tion is made that the fill would be contrary to the public interest. 
This one would adversely affect and interfere with conservation 
of natural resources as had been reported to the Trustees by 
the Department of Natural Resources, Game and Fresh Water Fish 
Commission, and the Department of Pollution Control. Pointing 
out that approximately three and a half acres of productive marine 
assets were involved, Mr. Shevin asked, for the record, 
and was assured by the Executive Director that the staff recom- 
mendation for denial was based on the findings that the biological 
resources would be damaged to such an extent as to be contrary 
to the public interest. 

Motion was made by the Attorney General, seconded by the Treasurer, 
that the staff recommendation be accepted and the permit denied. 

Mr. O'Malley said the Board should resolve the matter of buying 
back land that was sold or realignment of the bulkhead line. The 
Governor responded that this was something that the Board had 
charged Mr. Kuperberg and the departments to try to offer a recom- 
mendation in this area, not necessarily for definite buy-back in 
this instance, but a definite policy to proceed in cases where it 
is the Board's desire to do so. 



October 4, 1972 



114 



Mr. Wilton R. Miller, attorney for the applicant, Mr. George 
Helker, expressed disagreement with the Attorney General's opinion 
that the Trustees are not legally bound to issue the permit. He 
said the state had the burden of proof to show that the filling of 
Mr. Helker ' s privately-owned land is contrary to the public interest. 
He summarized the background of this application and the efforts 
of his client in good faith to comply with changing laws from the 
time he obtained a permit to fill in 1952 from the Corps of Engineers, 
Mr. Helker now proposed to obtain the material without dredging, 
to fill only to the bulkhead line, and Mr. Miller reiterated his 
position that under Florida law the Board of Trustees was required 
to issue the permit and, further, was morally bound as the land had 
been sold for one purpose and to deny this owner an opportunity 
to use the land in the only way it could be used was not dealing 
fairly with the citizen. 

Governor Askew stated that the Board was Trustee of property 
belonging to the State of Florida, and it was not correct to say 
that the land was purchased for only one use as there are other 
uses. He was unwilling to say that anyone who purchases has the 
absolute right to fill out to the bulkhead line regardless of the 
effect on the environment, and he made as part of the record the 
adverse reports from the agencies involved in making environmental 
comments that were considered by the Trustees in their determina- 
tion as to whether the proposed fill would be contrary to the 
public interest. 

The motion made by the Attorney General, seconded by the State 
Treasurer, to accept the staff recommendation was unanimously 
carried and the permit was denied. 



Mr. Shevin said that now that board meetings would be held every 
two weeks, he again would request that addendum items be avoided. 

Governor Askew agreed that wherever possible, addendum items 
should be eliminated. 



Mrs. Clifton Lewis was present to ask the status of the case 
regarding the fence across the Wakulla River below Wakulla 
Springs. She said the Attorney General was asked for an opinion 
on the legality of the fence, and she thought the state was 
preparing a case in the matter. 

Mr. Sherman Weiss, staff legal counsel, said litigation was 
brought by Mr. Tom Morrill and others, that the Board of Trustees 
was defending against Mr. Morrill's charge that the Trustees 
failed to do their duty under the Pollution Control Act, and 
there was no cross claim. Judge Taylor had set a date for 
pre-trial conference in November. 

Mr. Christian remarked that Mr. Morrill had appeared before the 
Trustees on the matter, and before the Director could make a 
recommendation, Mr. Morrill filed a suit because he did not think 
the Board was moving fast enough. 

With regard to Mrs. Lewis' expressed concern that the plaintiffs 
might be required to guarantee payment of costs beyond their 
ability to pay, Governor Askew said his understanding was that 
the court costs to the plaintiffs if they lost would be within 
the discretion of the court and based upon the financial status 
of the plaintiffs. 

Governor Askew assured Mrs. Lewis that if, for any reason 

procedurally, the suit does not proceed to a conclusion as 

to whether the fence is legal or illegal, it might be incumbent 

upon the state to proceed with some type of litigation of the 

point. 




W 



GOVERNOR - CHAIRMAN 

October 4, 1972 



115 



ATTEST: 




Tallahassee, Florida 
October 17, 1972 

The State of Florida Board of Trustees of the Internal Improvement 
Trust Fund met on this date in the Haydon Burns Auditorium with 
the following members present : 



Reubin O'D. Askew 
Richard (Dick) Stone 
Robert L. Shevin 
Thomas D. O'Malley 
Floyd T. Christian 
Doyle Conner 



Governor 

Secretary of State 

Attorney General 

Treasurer 

Commissioner of Education 

Commissioner of Agriculture 



Joel Kuperberg 



Executive Director 



-1- 

The minutes of the meeting on October 4, 1972, were approved 
as submitted. 



-2- 

ESCAMBIA AND SANTA ROSA COUNTIES - Oil Lease Assignment 

(August 30, 1972) 

APPLICANT: W. A. Moncrief 

Moncrief Building, Fort Worth, Texas 76102 

REQUEST: Consent and approval of assignment of interest 
in 15 mineral acres of Oil Lease No. 2464 held 
by W. A. Moncrief, Jr., Mary Wiley Black, indivi- 
dually and as executrix of Estate of R. B. Moncrief, 
Sr . , deceased, and Robert Klabzuba. W. A. Moncrief 
is to retain a .40625 interest after the assignment. 

LOCATION: Oil and Gas Lease No. 2464 dated September 1, 1970, 
covering 205 acres, more or less, in a portion 
of Escambia River. 

LEASE TERM: Five years from September 1, 1970 

Executive instrument of assignment has been filed and approved 
as to form and legality by the Trustees' legal staff. 

Recommend approval and consent to assignment . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Stone, seconded by Mr. Christian and carried 
without objection, the Board approved and consented to the 
assignment. 



-3- 



LEON COUNTY 



APPLICANT: 



- Road Right of Way 
(August 24, 1972) 

Department of Transportation 
Tallahassee, Florida 



October 17, 1972 



116 



REQUEST: Easement for road purposes across a parcel 
of Capitol Center property in use by the 
Department of Agriculture and Consumer Services 
as its calibrating station on East Pensacola 
Street. 

DESCRIPTION: Parts of Lots 13 and 14, Old Plan of City of 
Tallahassee, containing a total of 0.11 acre, 
more or less. 

The right of way requested will be utilized in the reopening 
of Meridian Street underneath Apalachee Parkway. 

The Department of Agriculture and Consumer Services has 
reviewed this request and offers no objection to the project. 

Recommend issuance of the easement for public road purposes 
only . 

ACTION OF THE TRUSTEES : 

On motion by Mr. Conner, seconded by Mr. Christian and carried 
without objection, the Board approved issuance of the easement 
to the Department of Transportation for public road purposes only. 



-4- 

PALM BEACH COUNTY - Dredge and Fill Permit No. 25 3.12 3- 
1195 and 253.124-310 
(July 20, 1972) 

APPLICANT: South Lake Worth Inlet District 
c/o Gee and Jenson 
2019 Okeechobee Road 
West Palm Beach, Florida 33401 

PROJECT: To excavate rock from sides of inlet channel 
and place rock in bottom of channel. 

LOCATION: Section 15, Township 45 South, Range 43 East, 
Palm Beach County . 

MATERIAL: 1,350 cubic yards to be dredged and used as 
fill material in channel bed. 



PAYMENT : 



STAFF 
REMARKS 



Not applicable. 
Field Operations 



No objection. 



ECOLOGICAL 

RESPONSES: Department of Natural Resources - No objection. 

Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control - No objection. 

OTHERS: 1. Area Planning Board, Palm Beach County - No 
objection . 

2. Board of County Commissioners of Palm Beach County - 
No objection. 

Staff recommends issuance of Dredge and Fill Permit No. 253.123- 
1195 and 253.124-310 . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Stone, seconded by Mr. Christian and carried 
without objection, the Board approved issuance of the dredge 
and fill permit. 



October 17, 1972 



117 



-5- 

PINELLAS COUNTY - Utility Dredge Permit No. 52-23-0091 
(July 18, 1972) 

APPLICANT: City of Clearwater 
Clearwater, Florida 



PROJECT: 



LOCATION: 



MATERIAL : 



PAYMENT : 



STAFF 
REMARKS : 



ECOLOGICAL 
RESPONSES: 



OTHERS : 



To dredge a trench on the bottom of Clearwater 
Pass for a 12 inch water main and 4 inch H. P. 
gas line 28.1 feet below mean low water with 
30 inches minimum cover. 

Section 8, Township 29 South, Range 15 East, 
Pinellas County. 

325 cubic yards to be dredged and placed in 
trench during construction. 

City requests waiver of fees. 

Field Operations - No objection. 

Department of Natural Resources - No objection. 

Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control - No objection. 

Pinellas County Water and Navigation Control 
Authority Permit DO-211 issued July 11, 1972. 



Staff recommends issuance of Utility Dredge Permit 52-23-0091 
and waiver of fee as the project is in the public interest . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Christian, seconded by Messrs. Stone and Conner, 
and carried without objection, the Board approved issuance of the 
utility dredge permit to the City of Clearwater without fee. 



PINELLAS COUNTY - Marina License Permit No. 52-30-0092 
(July 25, 1972) 



APPLICANT; 



PROJECT: 

LOCATION: 

MATERIAL : 

PAYMENT : 

STAFF 
REMARKS : 



C. Ray Gipson 

La Fiesta Motel Apartments 
105 Brightwater Drive 
Clearwater Beach, Florida 33515 

To construct a commercial dock at applicant's 
property on Clearwater Harbor. 

Section 8, Township 29 South, Range 15 East, 
Pinellas County. 

Not applicable. 

$100.00 minimum annual fee received. 

Field Operations - No objection. 



ECOLOGICAL 

RESPONSES: Department of Natural Resources - No objection. 

Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control - No objection. 



October 17, 1972 



118 



OTHERS: Pinellas County Water and Navigation Control 

Authority Permit No. 6624-72 issued July 18, 1972. 

Staff recommends issuance of Marina License 52-30-0092 . 

ACTION OF THE TRUSTEES : 

On motion by Mr. Stone, seconded by Mr. Christian and carried 
without objection, the Board authorized issuance of Marina 
License No. 52-30-0092. 



-7- 

?0LK COUNTY - Marina License Permit No. 53-30-0015 
(June 26, 1972) 

APPLICANT: Wellington Association, Inc. 

c/o First U. S. Management and Development Co. 
Winter Haven, Florida 33880 

PROJECT: To construct a marina in Lake Howard at Winter 
Haven adjacent to applicant's upland. Total 
marina area, 920 square feet. 

LOCATION: Section 19, Township 28 South, Range 26 East, 
Polk County. 

MATERIAL : None . 

PAYMENT: Cash bond $300.00 received. $100.00 minimum 
annual fee received. 



STAFF 
REMARKS : 



Field Operations - No objection. 



ECOLOGICAL 

RESPONSES: Department of Natural Resources - Deferred to 
Game and Fresh Water Fish Commission. 

Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control - No objection. 

Staff recommends issuance of Marina License 53-30-0015 . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Stone, seconded by Mr. Christian and carried 
without objection, the Board authorized issuance of Marina 
License No. 53-30-0015. 



ST. LUCIE COUNTY 



Marina License Permit No. ML-148 
(June 6, 1972) 



APPLICANT: Outdoor Resorts of America 
c/o Mac Martin, Jr. 
G. W. ■ Martin, Inc. 
201 North Federal Highway 
Deerfield Beach, Florida 33441 

PROJECT: To occupy 30,550 square feet of sovereignty 
land abutting applicant's uplands at Nettles 
Island in St. Lucie County and to construct 
two floating docks and one fixed dock at site. 

LOCATION: Section 3, Township 37 South, Range 41 East, 
St. Lucie County. 

MATERIAL: No dredging required. 

PAYMENT: $611.00 fee received. 



October 17, 1972 



119 



STAFF 

REMARKS: Field Operations - No objection. 

ECOLOGICAL 

RESPONSES: Department of Natural Resources - No objection. 

Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control - No objection. 
Staff recommends issuance of Marina License No. ML-148 . 
ACTION OF THE TRUSTEES : 

On motion by Mr. Stone, seconded by Mr. Christian and carried 
without objection, the Board authorized issuance of Marina 
License No. ML-148. 



-9- 



TRUSTEES ' OFFICE 



Included on the staff of the Board of Trustees are three 
division director positions, in addition to the executive 
director's position, which are exempt from the Career 
Service. In this exempt status, there is no provision for 
these division directors to earn or use annual and sick leave 
other than the internal procedure, established by the former 
executive director and carried on by this director , which 
allows these employees to earn and use annual and sick 
leave in accordance with the Personnel Rules and Regulations 
applicable to career employees. Request Board approval of 
this internal procedure, retroactive to 10/1/69, the date 
the division director positions were established . 

ACTION OF THE TRUSTEES : 

Motion was made by Mr. Christian, seconded by Mr. Stone and 
carried without objection, approving the internal procedure 
retroactive to October 1, 1969, the date the division director 
positions were established. 



-10- 

ESCAMBIA COUNTY - Consideration of Oil and Gas Lease Bids 

On August 29, 1972, at the request of Humble Oil and Refining 
Company, the Trustees authorized advertisement inviting sealed 
bids for a five-year oil and gas drilling lease covering the 
reserved one-half petroleum interest of the State in four 
parcels of privately-owned land containing 202.44 surface acres 
(101.22 net mineral acres) and the full petroleum interest in 
one acre owned by the State, containing a total of 203.44 surface 
acres (102.22 net mineral acres) in Escambia County. 

Proceeds from this lease will go to General Revenue unallocated. 

The lease will require an annual rental of $1 per net mineral 
acre, 1/6 royalty, $50,000 surety bond and at least one well 
every 2 1/2 years. 

Invitation to bid was published pursuant to law in the Tallahassee 
Democrat and Pensacola Journal with bids to be opened at 10:00 A . M 



(EDST) on October 17 for consideration by the Trustees. The right 
to reject any or all bids is reserved . 

ACTION OF THE TRUSTEES : 

Mr. James T. Williams, Director of Land Records Division of 
the Trustees' office, announced that one bid was received in 
response to the advertised notice. Humble Oil and Refining 
Company submitted a total bid amount of $107,426.00, representing 
a bonus of $1,049.00 per acre and the first year's rental of $102.22, 



October 17, 1972 



120 



Mr Williams stated that before issuance of the lease it would 
be necessary to hold a public hearing because some of the lease 
area lies in a municipality. 

Motion was made by Mr. Christian, seconded by Mr. Stone and 
carried without objection, accepting the bid of Humble Oil and 
Refining Company and authorizing the public hearing pursuant to 
the requirements of Section 253.52, Florida Statutes. 



-11- 

SANTA ROSA COUNTY - Consideration of Oil and Gas Lease Bids 

On August 29, 1972, at the request of Continental Oil Company, 
Lafayette, Louisiana, the Trustees authorized advertisement 
inviting sealed bids for a five-year oil and gas drilling lease 
covering the reserved one-half petroleum interest of the State 
in 158 surface acres of privately-owned land in NW% of Section 
25, Township 2 North, Range 27 West, Santa Rosa County (79 acres 
net mineral interest) . 

Proceeds from the lease will go to General Revenue unallocated. 

The lease will require an annual rental of $1 per net mineral 
acre, 1/6 royalty, $50,000 surety bond and at least one well 
drilled every 2 1/2 years. 

Invitation to bid was advertised pursuant to law in the Talla- 
hassee Democrat and the Press-Gazette (Milton) with bids to be 
opened at 10:00 A.M. (EDST) on October 17 for conside ration by 
the Trustees. The right to reject any and all bids i s reserved. 

ACTION OF THE TRUSTEES: 

Mr. James T. Williams, Director of Land Records Division of the 
Trustees' office, announced that one bid was submitted in 
response to the advertised notice. Continental Oil Company of 
Lafayette, Louisiana, submitted a total bid amount of $26,149.00, 
representing a bonus of $330.00 per acre and the first year s 
rental of $79.00. 

Motion was made by Mr. Christian, seconded by Mr. Stone and 
carried without objection, that the bid of Continental Oil 
Company be accepted and the oil and gas drilling lease be 
awarded to that bidder. 



WALTON COUNTY 



-12- 

Consideration of Oil and Gas Lease Bids 



On August 29, 1972, at the request of Sonat Exploration 
Company, Houston, Texas, the Trustees authorized advertisement 
inviting sealed bids for a five-year oil and gas drilling 
lease covering the reserved one-half petroleum interest 
of the State in two parcels of privately-owned land containing 
80.25 surface acres (40.125 net mineral acres) in Walton County, 

Proceeds from the lease will go to General Revenue unallocated. 

The lease will require an annual rental of $1 per net mineral 
acre, $50,000 surety bond, 1/6 royalty and at least one well 
drilled every 2 1/2 years. 

Invitation to bid was advertised pursuant to law in the 
Tallahassee Democrat and the DeFuniak Springs Herald with 
bids to be opened at 10:00 A.M. (EDST) on Oct ober 17 for 
consideration by the Trustees. The right to reject any or 
all bids is reserved . 

ACTION OF THE TRUSTEES: 

No bid having been received, no action was taken. 



October 17, 1972 



121 



-13- 

HOLMES AND WALTON COUNTIES - Consideration of Oil and Gas 

Lease Bids . 

On August 29, 1972, at the request of Sonat Exploration 
Company, Houston, Texas, the Trustees authorized advertisement 
inviting sealed bids for a five-year oil and gas drilling 
lease covering the reserved one-half interest of the State 
in the petroleum in approximately 37 scattered parcels and 
subdivision lots in private ownership containing 1,052.48 
surface acres (526.24 net mineral acres) in Holmes and 
Walton Counties. 

Proceeds from the lease will go to General Revenue unallocated. 

The lease will require an annual rental of $1 per net mineral 
acre, $50,000 surety bond, 1/6 royalty and at least one test 
well every 2 1/2 years. 

Invitation to bid was advertised pursuant to law in the 
Tallahassee Democrat, the DeFuniak Springs Herald, and the 
Holmes County Advertiser with bids to be opened at 10:00 A.M. 
on October 17 for consideration by the Trustees. The right 
to reject any or all bids is reserved . 

Before lease can be issued, it is necessary to hold a 
public hearing to allow interested persons to be heard with 
respect to issuance of the lease. The hearing is required 
by Section 253.52, Florida Statutes, when a lease area lies 
within a radius of three miles of the boundary of any incor- 
porated city or town. The corporate boundary of the Town of 
Ponce de Leon lies within three miles of the lease area. 

Recommend that James T. Williams of the Trustees' staff be 
designated to conduct the public hearing pursuant to law "and 
report to the Trustees the results of the hearing . 

ACTION OF THE TRUSTEES : 

No bid having been received, no action was taken. 



-14- 

WALTON COUNTY - Consideration of Oil and Gas Lease Bids 

On August 29, 1972, at the request of Sonat Exploration 
Company, Houston, Texas, the Trustees authorized advertisement 
inviting sealed bids for a five-year oil and gas drilling lease 
covering the reserved one-half petroleum interest of the Trustees 
in three parcels of privately-owned land containing 160.97 
surface acres (80.48 net mineral acres) in Walton County. 

Proceeds from the lease will go to the Internal Improvement 
Trust Fund. 

The lease will require an annual rental of $1 per net mineral 
acre, $50,000 surety bond, 1/6 royalty and at least one well 
every 2 1/2 years. 

Invitation to bid was advertised pursuant to law in the Talla- 
hassee Democrat and DeFuniak Springs Herald, with bids to be 
opened at 10:00 A.M. (EDST) on October 17 for consideration by 
the Trustees. The right to reject any or all bids is reserved . 

Before lease can be issued, it is necessary to hold a public 
hearing to allow interested persons to be heard with respect 
to issuance of the lease. The hearing is required by Section 
253.52, Florida Statutes, when a lease area lies within a radius 
of three miles of the boundary of any incorporated city or town. 
The corporate boundary of the Town of Ponce de Leon lies 
within three miles of the lease area. 



October 17, 1972 



122 



R ecommend that James T. Williams of the Trustees' staff be 
de signated to conduct the public hearing pursuant to law and 
report to the Trustees the results of the hearing . 

ACTION OF THE TRUSTEES : 

No bid having been received, no action was taken. 



PALM BEACH COUNTY 



-15- 

Road Right of Way Easement 
(June 13, 1972) 



APPLICANT: Department of Transportation 
Tallahassee, Florida 

REQUEST: Title to land for right of way of State Road 
No. 9(1-95) 

LOCATION: Two parcels of land containing 30.97 acres, more 

or less, in Section 13, Township 47 South, Range 42 
East, and two parcels of land containing 13.64 acres, 
more or less, in Palm Beach County. 

These parcels of land on the western boundary of 
the Florida Atlantic University property are needed 
for 1-95 right of way and realignment of existing 
access roads. The Department of Transportation has 
appraised the parcels requested and offers $356,900 
for fee title to the land. Staff appraiser has 
reviewed and approved the consideration offered. 

The Facilities Committee and Executive Committee of 
the Board of Regents have reviewed and approved 
transfer of this land for road purposes and indicates 
the consideration offered is acceptable. 

Recommend conveying fee title to the Department of Transportation 
for road purposes only for the consideration offered . 

ACTION OF THE TRUSTEES : 

On motion by Mr. Christian, seconded by Mr. Stone and carried 
without objection, the Trustees authorized conveyance to the 
Department of Transportation as recommended by the staff. 



-16- 

MANATEE COUNTY - Dredge Permit No. 253.123-1108 
(February 9, 1972) 

APPLICANT: James K. McCall, Eaves Allison, Robert A. Rampone 
c/o Smally, Wellford and Nalven 
Post Office Box 4069 
Sarasota, Florida 33578 

PROJECT: To dredge an 25 feet wide navigation channel 1052 

feet long to -4.0 feet mean sea level and to dredge 
a channel 350 feet x 50 feet x -4.0 feet adjacent 
and parallel to the northerly shore of the bay at 
applicant's property. 

LOCATION: Section 25, Township 35 South, Range 16 East, 
Sarasota Bay, Manatee County. 

MATERIAL: 3,200 cubic yards of material to be removed and 
placed on upland. 

PAYMENT: $3,200 received for sovereignty material at standard 
rates . 



STAFF 
REMARKS : 



No objection. 



October 17, 1972 



123 



ECOLOGICAL vt 

RESPONSES: Department of Natural Resources - No objection 
provided spoil is carefully contained. 

Game and Fresh Water Fish Commission - "We suggest 
as an alternate that the applicant consider placing 
his proposed canal on the upland and leave the sub- 
merged lands in a natural state." 

Department of Pollution Control - No objection. 

OTHERS: Town of Longboat Key - No objection. 

Staff recommends issuance of dredge permit 253.1 23-1108 subject 
to the recommendatio ns of the Game and Fresh Water Fish Commissio n 
and the Department of Natural Resources . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Christian, seconded by Mr. Stone and carried 
without objection, the Trustees approved issuance of the dredge 
permit subject to the recommendations of the environmental 
agencies. 



-17- 

PINELLAS COUNTY - Marina License Permit No. 50-30-0020 
(July 26, 1972) 



APPLICANT: 
PROJECT : 

LOCATION : 

MATERIAL : 

PAYMENT : 

STAFF 
REMARKS : 

ECOLOGICAL 
RESPONSES: 



La Costa Brava Apartments No. 1 
560 Plaza Seville Court 
Treasure Island, Florida 

To construct a dock 36 feet long x 4 feet wide 
with mooring piles at the applicant's property on 
Boca Ciega Bay. 

Section 25, Township 31 South, Range 15 East, 
Pinellas County. 

Not applicable. 

$100 minimum annual fee received. 

Field Operations - No objection. 

Department of Natural Resources - No objection. 
Game and Fresh Water Fish Commission - No objection. 
Department of Pollution Control - No objection. 



Pinellas County Water and Navigation Control Au- 
thority application M6295-72 approved March 7, 1972 



OTHERS : 

Staff recommends issuance of Marina License 50-30-0020 and 
construction permit "! 

ACTION OF THE TRUSTEES: 

On motion by Mr. Christian, seconded by Mr. Stone and carried 
without objection, the Trustees approved Marina License 
No. 50-30-0020 and construction permit. 



October 17, 1972 



124 



-18- 



VOLUSIA COUNTY 



Marina License ML-117 and Construction Permit 
(July 27, 1972) 



APPLICANT: U. S. Coast Guard Auxiliary Flotilla 44 
c/o Commander D. A. Cameron 
258 Poinciana Avenue 
Harbor Oaks, Florida 32019 



PROJECT : 

LOCATION: 

MATERIAL : 

PAYMENT : 

STAFF 
REMARKS: 



To construct a pier 25 feet long x 8 feet wide 
for use in Coast Guard Auxiliary Public Safety 
Program. 

Municipal Boat Basin, Daytona Beach, Florida 

None. 

Applicant requests waiver of fees. 

Field Operations - No objection. 



ECOLOGICAL 

RESPONSES: Department of Natural Resources - No objection. 

Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control - No objection. 

Staff recommends issuance of Marina License ML-117 and Con- 
struction Permit with annual fee waived as project is in the 
public interest . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Christian, seconded by Mr. Stone and carried 
without objection, the Trustees approved Marina License ML-117 
and Construction Permit, and waived the annual fee for this 
project in the public interest. 



MONROE COUNTY 



-19- 

Lease No. 773 assignment 
(October 17, 1972) 



APPLICANT: George H. Estes and Alice P. Estes 
Route 1, Box 4 6 
Islamorada, Florida 33036 

PROJECT: George H. Estes and Alice P. Estes, Lessees and Small 

Business Administration, lienholder, request assignment 
of Lease No. 773 to Estes Fishing Camp, Inc., a 
Florida Corporation, Route 1, Box 46, Islamorada, 
Florida 33036. 

LOCATION: Monroe County, 1.6 acres, more or less, in the SE% 
of SW% of Section 22, Township 63 South, Range 37 
East, Monroe County. 

MATERIAL: Instruments of assignment and acceptance of terms 
and conditions executed by both parties, have been 
approved by staff legal counsel. 

PAYMENT: Applications have tendered $25.00 assignment fee in 

accordance with the Trustees' policy of December 1, 1970. 



STAFF 
REMARKS : 



Field Operations has inspected the premises and offers 
no objections to this fish camp operation. 



Staff recommends approval of assignment of Lease No. 773. 



October 17, 1972 



125 



ACTION OF THE TRUSTEES: 



On motion by Mr. Christian, seconded by Mr. Stone and carried 
without objection, the Trustees approved assignment of Lease 
No. 773 to Estes Fishing Camp, Inc., as requested. 



On motion by Mr. Christian, seconded by Mr. Stone and adopted 
without objection, the rules were waived for consideration of all 
the following items added to the original agenda. 



•20- 



BREVARD COUNTY - Dredge Permit No. 253.123-8 37 
(June 29, 1972) 



APPLICANT: 



PROJECT: 



LOCATION : 



MATERIAL: 



PAYMENT : 



STAFF 
REMARKS : 



ECOLOGICAL 
RESPONSES: 



C. L. Jaren 

Banana River Marina Service 
Banana River Drive South 
Merritt Island, Florida 32952 

To dredge an access channel 1,200 feet x 50 feet x 
(-) 6.0 mean low water and do maintenance dredging 
in an existing boat basin. 

Section 6, Township 25 South, Range 37 East, Banana 
River, Merritt Island, Brevard County. 

Approximately 1,500 cubic yards of material will be 
removed from sovereignty land. 

$1,500 received as payment. 
Field Operations - No objection. 



Department of Natural Resources - No objection; spoil 
areas should be diked to prevent siltation. 



Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control - No objection. 

Staff recommends issuance of Dredge Permit No. 253.123-837 . 

ACTION OF THE TRUSTEEES : 

On motion by Mr. Christian, seconded by Mr. Stone and carried 
without objection, the Board approved issuance of Dredge Permit 
No. 253.123-837. 



-21- 



TRUSTEES' FUNDS: 



In furtherance of Trustees' Resolution of April 4, 1972, a survey 
has been conducted, at staff's request, by Mr. Nelson Hanover of 
Financial Controls, Inc., who has agreed to perform the following 
additional services: 

1. Incorporate the remaining permit related activities such 
as bulkheads and land sales and leases, into the current 
system. 

2. Support the goal of establishing a modern organizational 
structure which can survive the departure of key individuals 
by developing detailed, technical task descriptions for all 
land management responsibilities, assisting in the design 
and implementation of an organizational structure and 
personnel assignments which would be most efficient, and 
training the affected individuals. 



October 17, 1972 



126 



3. Conduct a detailed audit of the current permitting section 
to assure that a smooth transition has been made. Assist 
in the conversion of old files. 

All of the activities described above are to be completed by 
December 15, 1972, and the fee for these services is not to exceed 
$4,000, plus reasonable travel expenses in compliance with Section 
112.061, Florida Statutes. 



Staff requests Trustees' authorization to order the study and to 
expend the funds necessary for this work. 



ACTION OF THE TRUSTEES: 

On motion by Mr. Christian, seconded by Mr. Stone and carried 
without objection, the Board granted the staff request to order 
the study and expend the funds for this work. 



-22- 

VOLUSIA COUNTY - Dredge and Fill Permit Nos. 253.123-292 
and 253.124-1149 
(April 4, 1972) 

APPLICANT: Venezia "A" Inc. and Venezia "C" Inc. 
c/o Ronald C. LaFace 
203 South Adams, Tallahassee, Florida 

PROJECT: To dredge 2,8 00,000 cubic yards from lands sold 

to the applicant by Trustees' Contract Nos. 21670, 
21671 and 21672 dated November 1, 1957. Dredge 
material will be used to fill submerged lands. 

LOCATION: Sections 7, 8, 17 and 18, Township 17 South, Range 
34 East, Volusia County. 

MATERIAL: 2,800,000 cubic yards to be removed from privately- 
owned bottoms . 

PAYMENT: Not applicable. 



STAFF 
REMARKS : 



Field Operations objects: "This project will entail 
extensive alteration to the existing habitat." 



ECOLOGICAL 

RESPONSES: Department of Natural Resources: Objects. "The 

proposed dredging and filling would eliminate more 
than 600 acres of the protective marsh-creek system." 

Game and Fresh Water Fish Commission: Objects. "We 
recommend against the issuance of the permit." 

Department of Pollution Control - Objects: "The 
application as submitted is unacceptable to this 
department and hopefully will be revised." 

Staff recommends denial of application . 

ACTION OF THE TRUSTEES : 

The Director said this was land sold under a contract sale agree- 
ment, and 100 acres had been dredged and filled. The time 
limit for dredging had been extended once by the Trustees and was 
running out on one portion of the project. There were objections 
from all environmental agencies. Mr. Kuperberg said it was further 
his opinion that federal permits would not be issued to allow this 
work. For these several reasons Trustees' staff recommended denial 
of the application as submitted. The staff had discussed with the 
applicant's representative the possibility of reducing the project 
to a very small fraction of what was requested, or of working out 
a land exchange. 



October 17, 1972 



127 



Mr. Ronald C. LaFace, attorney representing Venezia, Inc., the 
owner or equitable owner of the submerged land, said that in 1957 
at a time when development was desired the Trustees sold to 
Venezia 700 acres to be dredged and filled, and that his clients' s 
right to dredge and fill was derived from a contract with the 
state. If the permit cannot be acquired, he indicated interest 
in negotiating a trade for land not ecologically endangered and 
asked for extension of the time for appeal in court. 

Mr. Kuperberg noted that the old contracts had been extended 
once before and the staff had no objection to an extension 
of the time for appeal, during which time negotiations between 
staff and the applicant might proceed. He said that denial of 
an application is generally considered to be without prejudice. 

Motion was made by Attorney General Shevin, seconded by Mr. 
Christian and passed without objection, that the Board 
accept the staff recommendation for denial of the application 
based on adverse ecological reports from the Department of 
Natural Resources, Game and Fresh Water Fish Commission and 
the Department of Pollution Control showing that it would be in 
the public interest to try to preserve the marine habitat. 
Included in the motion was an additional proviso providing a 90- 
day extension of the time for court appeal by the applicant. 



-23- 

PASCO COUNTY - Dredge and Fill Permit No. 24663 (774-51) -253 .124 
(June 19, 1972) 

APPLICANT: Block "M" , Incorporated 

Route 4, Box 1908A, Hudson, Florida 

PROJECT: Dredge and fill submerged lands previously 
conveyed under Deed No. 24663(774-51) dated 
August 18, 1967. 

On July 18, 1972, the Board of Trustees extended 
this permit for 60 days and again on September 6, 
1972, the Board extended this permit until October 22, 
1972. 

LOCATION: Section 33, Township 24 South, Range 16 East, 
Pasco County. 

MATERIAL: 87,000 cubic yards to be excavated from privately 
owned submerged land . 

PAYMENT: None. State owned submerged lands not involved. 



STAFF 
REMARKS : 



The Board of Trustees in meeting on July 22, 1969, 
approved the permit issued by Pasco County to 
Block "M" , Incorporated, a non-profit corporation, 
to dredge and fill submerged land previously 
conveyed by the Board. The expiration date of the 
permit issued was extended until October 22, 1972. 



ECOLOGICAL 

RESPONSES: Department of Natural Resources - The proposed 
dredging and filling of 12*5 acres of grassy 
submerged lands would have significant adverse 
effects on marine biological resources. 



Game and Fresh Water Fish Commission 
denial. 



Recommends 



Department of Pollution Control - Because of a 
recent decision by the U. S. Corps of Engineers 
to assert jurisdiction in this area, certification 
by Department of Pollution Control will be required. 

Staff recommends a 60-day extension of Permit 24663(774-51)- 
253.124, to process application for water quality certification. 



October 17, 1972 



128 



ACTION OF THE TRUSTEES : 



Mr. Kuperberg stated that this was an old project in which 
V. M. Clark, Jr., acquired submerged land under purchase contract, 
began the work in 1962, and sold the lands. A dike has been 
constructed around the submerged land being purchased. It was 
prior to the time that the Trustees had a permitting procedure 
but the Board then did require a local permit and certified "no 
objections" to the Corps of Engineers. However, to date the staff 
has been unable to find the permit records of this project and 
is continuing to search the files. 

Motion was made by Mr. Christian and seconded by Mr. Stone that 
the staff recommendation for 60-day extension be accepted. 

Mr. Leon Whitehurst, Jr., attorney from Clearwater, and Mr. 
Ernest J. Hesse were present representing Block "M" Corpora- 
tion, a non-profit corporation. Mr. Whitehurst said they 
preferred to be heard at a later date if the extension of time 
was adopted so that further facts could be presented to the 
Cabinet. 



Without objection, the motion for approval of 
recommendation was adopted. 




fJ~ 



GOVERNOR - CHAIRMAN 



ATTEST: 




Tallahassee, Florida 
October 31, 1972 

The State of Florida Board of Trustees of the Internal 
Improvement Trust Fund met on this date in the Haydon Burns 
Auditorium with the following members present: 

Reubin O'D. Askew Governor 

Richard (Dick) Stone Secretary of State 

Robert L. Shevin Attorney General 

Thomas D. O'Malley Treasurer 

Floyd T. Christian Commissioner of Education 

Doyle Conner Commissioner of Agriculture 



Joel Kuperberg Executive Director 



On motion by the Attorney General, seconded by the Treasurer 
and passed without objection, the rules were waived at the 
request of the Attorney General for consideration of an impor- 
tant matter concerning the 25,313 acres of land in Dade County 
previously ordered by the federal court to be conveyed to 
Aerojet General Corporation. Mr. Shevin pointed out that 
approximately two weeks ago the Florida Supreme Court ruled 
that prior to selling to a private individual or corporation, 
the Board was required to offer the land to Dade County. 

The Attorney General read portions of a resolution passed 
unanimously this morning by Metro-Dade County setting forth 
the need of the county for the land in question for public 
recreation purposes and authorizing purchase at $50 an acre. 
A check for $1,246,308.88 had been delivered to Mr. Shevin by 
Mr. Ray Goode , an assistant county attorney. Mr. Shevin had 



October 31, 1972 



129 



prepared a special warranty deed, with the usual mineral reser- 
vations contained in Trustees' deeds, conveying the land to the 
county for public outdoor recreation purposes, providing for 
reversion to the Trustees in the event the land ceases to be 
used for such purposes and providing that if the deed is 
invalidated as the result of litigation, the amount paid will 
be returned to Dade County. 

Mr. Shevin made a motion that the Board, acting under the order 
of the Florida Supreme Court, execute the deed in order to keep 
the land in the public domain. Mr. Goode would carry the 
executed deed back to the county that was prepared to file a 
quiet title suit. 

Treasurer O'Malley seconded the motion, commenting that the 
uses proposed by Dade County for this land would benefit not 
only that county but people throughout the state. 

Responding to Mr. Stone, Mr. Shevin said that in his opinion 
there were no court orders entered to date that would prevent 
this action by the Board of Trustees, that the Board would be 
conveying whatever right, title and interest it had and would 
be acting under order of the Florida Supreme Court. Mr. Shevin 
said the absence of Comptroller Dickinson on this date and 
absence of his signature on the deed would cause no problem. 

The motion passed without objection and the Trustees executed 
the deed conveying the tract of land to Metro-Dade County for 
$1,246,308.88 for the purposes and under the provisions as 
set forth in the deed prepared by the Attorney General. 



-1- 

The Board deferred approval of the minutes of October 17, 1972. 



-2- 

HIGHLANDS COUNTY - Consideration of Grazing Lease Bids 

On September 6, 1972, the Trustees authorized advertising for 
sealed bids for a grazing lease covering a tract of land owned 
by the Trustees in Sections 27, 28, 33 and 34, Township 35 
South, Range 31 East, Highlands County, containing 1,415.08 
acres, more or less. 

The term of the lease is for three years with an option to 
renew for an additional three years with rental for second 
three-year period to be established by appraisal. The lease 
will be subject to cancellation by the Trustees following a 
90-day written notice. 

Bids will be offers of annual rental per acre with a minimum 
or starting bid of not less than $2.85 per acre per year. All 
bids must be accompanied by a certified or cashier's check in 
the amount of the bid. 

Invitation to bid has been advertised for four consecutive 
weeks in the Sebring News and in the October 15 edition of 
the Market Bulletin published by the Department of Agriculture 
and Consumer Services. 

Bids are to be opened at 10:00 A.M. (EST) on October 31, 1972, 
for consideration by the Trustees. The right to reject any and 
all bids is reserved. 



October 31, 1972 



130 



ACTION OF THE TRUSTEES: 

Mr. James T. Williams, Director of Land Records Division of 
the Trustees' office, read the eleven bids received, as follows 

S. T. Andrews and E. H. Remington, $5.19 per acre 

Robert D. Stokes, $7.25 per acre 

Tave Waldron, $5.10 per acre 

Maurice G. Albritton, $4.50 per acre 

James K. Cobb, $3.26 per acre 

Jack A. Kelley, $4.25 per acre 

Hayward H. Davis, $5.05 per acre 

James O. Woodward, Jayne Beck, Ronald Stephens, $4.05 

per acre 
E. G. Touchton, Jr., $3.40 per acre 
A. H. Mobley, L. E. Ford, Sr . , Jerry L. Ford, $4.25 

per acre 
Jack Bain, Everett Boney, $4.31 per acre 

Mr. Williams recommended acceptance of the high bid. 

On motion by Mr. O'Malley, seconded by Mr. Conner and passed 
without objection, the Trustees accepted the high bid of $7.25 
per acre made by Robert D. Stokes and authorized issuance of 
grazing lease to Mr. Stokes. 



-3- 

DESOTO COUNTY - Consideration of Oil and Gas Lease Bids 

On September 6, 1972, at the request of Shell Oil Company, 
New Orleans, Louisianna, the Trustees authorized advertising for 
sealed bids for a five-year oil and gas drilling lease covering 
the reserved one-half interest of the Board of Education in 
the petroleum in all of privately-owned Section 16, Township 39 
South, Range 27 East, less SW% of NW% , containing 600 surface 
acres (300 net mineral acres), in DeSoto County. 

Proceeds from the lease will go to the School Fund. 

The lease requires an annual rental of $1 per net mineral acre, 
$50,000 surety bond, 1/8 royalty and at least one test well 
every 2^ years . 

Invitation to bid was advertised pursuant to law in the 
Tallahassee Democrat and The Arcadian newspapers with bids to 
be opened at 10:00 A.M. on October 24, 1972, for consideration 
by the Trustees. The right to reject any or all bids is reserved , 

ACTION OF THE TRUSTEES : 

Mr. Williams said the one bid received was from Shell Oil Company 
in the total amount of $3,420.85 representing a bonus per acre of 
$10.40. 

On motion by Mr. Christian, seconded by Mr. O'Malley and passed 
without objection, the Trustees accepted the bid and authorized 
issuance of oil and gas drilling lease to Shell Oil Company. 



ESCAMBIA COUNTY - Consideration of Oil and Gas Lease Bids 

On September 19, 1972, at the request of Humble Oil and 
Refining Company, the Trustees authorized advertising for 
sealed bids for a five-year oil and gas lease covering the 
interest of the Department of Transportation in the petroleum 
in certain portions of State Road Nos . 4, 4-A and 168 in 
Township 5 North, Range 31 West and Township 6 North, Range 31 
West, containing 84.61 net mineral acres in Escambia County. 

Proceeds from the lease will go to the Department of Transportation. 



October 31, -1972 



131 



The lease requires an annual rental of $1 per net mineral acre, 
$50,000 surety bond, 1/6 royalty, and at least one test well 
every 2\ years with drilling on the road right of way specifically 
prohibited. 

Invitation to bid was advertised pursuant to law in the Tallahassee 
Democrat and the Pensacola Journal with bids to be opened at 
10:00 A.M. (EST) on October 31, 1972, for consideration by the 
Trustees. The right to reject any or all bids is reserved. 

Before lease can be issued, it is necessary to hold a public 
hearing to allow interested persons to be heard with respect 
to issuance of lease. The hearing is required by Section 253.52, 
Florida Statutes, when a lease area lies within a radius of three 
miles of the boundary of any incorporated city or town. The 
corporate boundary of the Town of South Flomaton lies within 
three miles of the lease area. 

Recommend that James T. Williams of the Trustees' staff be 
designated to conduct the public hearing pursuant to law 
and report to the Trustees the results of the hearing . 

ACTION OF THE TRUSTEES : 

Mr. Williams called attention to a correction in the descrip- 
tion of the land in the agenda item, which was in Range 31 West 
and not Range 31 East. 

One bid was received, from Humble Oil and Refining Company 
in the total amount of $5,052.00 representing a bonus per 
acre of $58.71. 

Mr. Williams recommended receiving the bid as the high bid, 
and that awarding of the lease be deferred until after the 
public hearing and report to the Trustees. 

On motion by Mr. Christian, seconded by Mr. O'Malley and passed 
without objection, the Trustees took the action recommended. 



-5- 

SANTA ROSA COUNTY - Oil Lease Assignment 

APPLICANT: Amoco Production Company 
New Orleans, Louisiana 

REQUEST: Assigment of State Drilling Lease No. 2578-MA 

from Lessee, Amoco Production Company, to Humble 
Oil and Refining Company, Phillips Petroleum Company, 
Rudman Resources, Inc., Sun Oil Company, Texaco, Inc. 
Raymond A. Williams, Jr., Dalco Oil Company, Gordon 
W. Wells and R. Merrill Harris of varying interests 
with Amoco retaining a 16.41907% interest. 

LOCATION: One-half interest of the State of Florida (Murphy 
Act) in West % of Northwest h of Northwest k of 
Section 13, Township 4 North, Range 29 West, 
Santa Rosa County. 

LEASE TERM: Five years from February 22, 1972. 

Executed instrument of assignment has been filed and approved 
as to form by the Trustees' legal staff. 

Recommend approval and consent to assignment . 

ACTION OF THE TRUSTEES : 

On motion made by Mr. O'Malley, seconded by Mr. Christian and 
passed without objection, the Trustees approved and consented 
to the assignment as recommended by the staff. 



October 31, 1972 



-6- 



132 



FRANKLIN, GULF AND BAY COUNTIES - Seismic Survey Permit 

(September 18, 1972) 



APPLICANT; 



Geophysical Service, Inc, 
New Orleans, Louisianna 



REQUEST: Permission to conduct a seismic survey using air 
gun method without use of explosives. 

LOCATION: That portion of the Intracoastal Waterway extending 
west from the Apalachicola River in Franklin County 
to East Bay in Bay County. 

The Game and Fresh Water Fish Commission and Department of 
Natural Resources, Division of Interior Resources, reviewed 
the request and offered no objection. 

Recommend issuance of permit . 
ACTION OF THE TRUSTEES : 

On motion by Mr. O'Malley, seconded by Mr. Christian and 
passed without objection, the Trustees authorized issuance 
of the seismic survey permit as recommended by the staff. 



-7- 

PALM BEACH COUNTY - Seismic Survey Permit 
(August 18, 1972) 

APPLICANT: Shell Oil Company 

Post Office Box 174 
Winter Haven, Florida 

REQUEST: Permission to conduct a seismic survey across 
state-owned land. 

LOCATION: A line across Sections 21. and 22, Township 43 
South, Range 39 East, Palm Beach County. The 
survey will consist of 4% inch diameter shot 
holes, fifty feet in depth, spaced at intervals 
of 75 feet, using a five pound charge. 

The sections are in use by the Glades Correctional Institute 
as part of its farm operations. The Division of Corrections 
and Department of Health and Rehabilitative Services reviewed 
the request and have no objections to the survey. 

The Central and Southern Florida Flood Control District reviewed 
the request and has no objection, provided all shot holes are 
outside District rights of way. 

The Department of Natural Resources, Division of Interior 
Resources, has reviewed the request and has no objection to the 
survey, provided all shot holes are properly plugged with cement 
and existing road and fence lines are utilized where possible. 

Recommend granting Shell Oil Company permission to conduct 
its survey across the two sections of state land subject to 
the conditions set forth above i 

ACTION OF THE TRUSTEES : 

On motion by Mr. O'Malley, seconded by Mr. Christian and 
passed without objection, the Trustees granted permission 
for Shell Oil Company to conduct the survey subject to the 
conditions recommended by Central and Southern Florida Flood 
Control District and the Department of Natural Resources. 



October 31, 1972 



133 



-8- 

MANATEE COUNTY - Application for Quitclaim, File No. 244 9- 
41-253.12 (6) 

(August 21, 1972) 

Staff Description: Two parcels of filled sovereignty land 
in Sarasota Pass abutting Government Lot 3, Section 28, 
Township 34 South, Range 16 East. 



A. CITY AND COUNTY 

B. APPLICANTS: 



Manatee County 

D. D. Cameron, B. B. Cameron and J. S. Brody 



C. APPLICANTS' 

REPRESENTATIVE 



D . ACREAGE : 

RATE PER ACRE 



E. APPRAISAL: 



F. PURPOSE 



William J. Roberts 

Post Office Box 1386, Tallahassee, Florida 

0.30 acre and 0.20 acre, total 0.50 acre 
$1,750 per acre, or $875 for the two parcels. 

Memorandum of appraisal by staff appraiser, 
September 28, 1972. - 

Not applicable. 



G. 



BIOLOGICAL 
REMARKS : 



Not applicable. 

H. STAFF REMARKS: The applicant applied for a quitclaim deed 

pursuant to Section 253.12(6) Florida Statutes, 
which provided that "Where any person, state 
agency, county, city or other political 
subdivision prior to June 11, 1957, extended 
or added to existing lands or islands bordering 
on or being in the navigable waters as defined 
in this section by filling in or causing to 
be filled in such lands, the Board shall upon 
application therefor convey said land so filled 
to the riparian owner or owners of the upland 
so extended or added to. The consideration for 
such conveyance shall be the appraised value 
of said lands as they existed prior to such 
filling. " 

The Department of Transportation, by instrument dated August 7, 
1972, has disclaimed any interest in the two parcels. 

The Department of Transportation, by letter of August 15, 1972, 
reports that the road project was completed and accepted June 4, 1957. 

Applicants have submitted two affidavits stating that the parcels 
were filled during 1956. 

Applicants have submitted $100 processing fee. 

Staff requests authority to issue quitclaim deed for the consider- 
ation of $875, plus $100 appraisal fee. 

ACTION OF THE TRUSTEES : 

On motion by Mr. O'Malley, seconded by Mr. Christian and 
passed without objection, the Trustees authorized issuance 
of the quitclaim for $875 consideration, plus $100 appraisal 
fee . 



October 31, 1972 



134 



BREVARD COUNTY 



•9- 



Reguest for Refund 

Dredge and Fill Permit No. 253.123-694, and 

253.124-155 approved January 26, 1971. 



APPLICANT: 

PROJECT : 

LOCATION: 

MATERIAL : 

PAYMENT : 

STAFF 
REMARKS : 



Kenneth L. Sagrans 

c/o Kendall T. Moran 

Post Office Box 1286, Titusville, Florida 32780 

To dredge 4,000 cubic yards of material and fill 
0.37 acre of submerged land. 

Section 10, Township 22 South, Range 35 East, 
Indian River, in Brevard County. 

4,000 cubic yards. 

$400.00 



Field Operations - A field check indicates that all 
fill was trucked in and no dredging was done. The 
surveys indicate that there has been no fill placed 
on sovereignty lands . 

Staff requests authority to refund $400.00 paid for fill material 
not utilized . 

ACTION OF THE TRUSTEES : 

On motion by Mr. O'Malley, seconded by Mr. Christian and passed 
without objection, the Board authorized refund of $400, the 
amount paid for fill material that was not dredged. 



-10- 

BREVARD COUNTY - Dredge and Fill Permit Nos . 253.123-543 
and 253.124-124. 

At the request of Mr. J. Lewis Hall, Jr., attorney for 
Oakland Consolidated Corporation, applicant for an amended 
permit for a project in Government Lot 6, Section 31, Township 
24 South, Range 37 East, Newfound Harbor in Brevard County, 
the application was withdrawn from the agenda because of 
a misunderstanding. Mr. Kuperberg said the application would 
be resubmitted. 



BREVARD COUNTY 



-11- 

Marina License Permit No. 05-30-0042 
(June 28, 1972) 



APPLICANT: 
PROJECT : 

LOCATION: 

MATERIAL : 
PAYMENT : 



STAFF 
REMARKS : 



ECOLOGICAL 
RESPONSES: 



Kenneth P. Saundry 

16 00 West Long Lake Road 

Bloomfield Hills, Michigan 48013 

To construct 300 feet long dock on the east shore 
of the Indian River just south of Melbourne Beach. 
The sovereignty land preempted by the pier is 2,840 
square feet. 

Section 20, Township 28 South, Range 38 East, 
Brevard County. 

None. No dredging involved. 

$100 check received as minimum annual fee for Marina 
License. 



Field Operations - No objection. 

Department of Natural Resources - No objection. 



October 31, 1972 



135 



Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control - No objection. 

Sta ff recommends issuance of Marina License No. 05-30-0042 
with minimum annual fee of $100 . 

ACTION OF THE TRUSTEES : 

On motion by Mr. Christian, seconded by Mr. O'Malley and passed 
without objection, the Trustees approved issuance of a marina 
license and construction permit as recommended by the staff. 



-12- 

DADE COUNTY - Dredge and Fill Permit No. 253.123-1201, 
253.124-314 
(April 17, 1972) 

APPLICANT: Dade County Public Works Department 
1351 Northwest Twelfth Street 
Miami, Florida 33125 

PROJECT: Construction of a bulkhead and boat lift. Dredging 

and filling needed for expansion of existing facilites.* 

LOCATION: Section 5, Township 55 South, Range 41 East, Matheson 
Hammock Park, Dade County. 

MATERIAL: 1,300 cubic yards. 

PAYMENT: None. State-owned sovereignty land not involved. 

STAFF 

REMARKS: Field Operations - No objections. 

ECOLOGICAL 

RESPONSES: Department of Natural Resources - Constuction of the 

proposed riprap bulkhead and elimination of the shallow 
pocket would have limited adverse effects on marine 
biological resources. 

Game and Fresh Water Fish Commission - To maintain 
productivity of the subject area, we recommend 
against the issuance of this permit and suggest that 
the applicant use existing deep water and upland areas 
rather than eliminating shallow submerged lands and 
intertidal vegetation by filling and riprap. 

Department of Pollution Control - No objection. 

Staff recommends issuance of Permits 253.123-1201 and 253.124- 
314 and waiver of processing fee as the project is for a public 
purpose . 

ACTION OF THE TRUSTEES: 

Mr. Kuperberg recommended approval because of the public nature 
of the boat launching ramp expansion. Only a few mangroves 
would be removed from this county park which is largely a mangrove 
forest. 

On motion by Mr. Christian, seconded by Mr. Stone and passed 
without objection, the Trustees approved the dredge and fxll 
permits, waiving the processing fee as the project is for 
public use. 



October 31, 1972 



136 



-13- 

DUVAL COUNTY - Fill and Construction Permit No. 253 .124 (8) -236 
(August 17, 1972) 



APPLICANT : 
PROJECT : 

LOCATION: 

MATERIAL : 

PAYMENT : 

STAFF 
REMARKS: 

ECOLOGICAL 
RESPONSES: 



OTHERS : 



G. A. Leek 

c/o Lake G. Ray, Jr., Harbor Engineering 

1039 Flagler Avenue, Jacksonville, Florida 32207 

To construct a seawall 17 feet in length and to 
reclaim a strip of land varying in width from zero 
to 40 feet. 

St. Johns River, at Mayport in Section 30, Township 
1 South, Range 2 9 East, Duval County. 

All material will come from upland. 

None required. 



Field Operations - No objection. 

Department of Natural Resources - No objection. 
Game and Fresh Water Fish Commission - No objection. 
Department of Pollution Control - No objection. 
City of Jacksonville - No objection. 



Staff recommends issuance of Fill and Construction Permit 
N o. 253.124(8)236 . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Stone, seconded by Mr. Christian and passed 
without objection, the Trustees approved issuance of the fill 
and construction permit. 



-14- 

DUVAL COUNTY - Dredge Permit No. 2 5 3. 12 3-4 6 5A 

The application from Associated Investment and Development 
Corporation for a permit to dredge two connections to the 
Nassau River adjoining Pearson Island in Sections 33 and 34, 
Township 2 North, Range 27 East, Duval County, was withdrawn 
from the agenda at the request of the applicant. 



-15- 

LEE COUNTY - Dredge Permit No. 253.12 3-871 

The application from the Harper Brothers, Inc., to dredge a 
channel in the Caloosahatchee River in Sections 20 and 29, 
Township 45 South, Range 24 East, Lee County, was withdrawn 
from the agenda at the request of Representative Lorenzo 
Walker on behalf of the applicant. 



-16- 

MARION COUNTY - Marina License Permit No. ML-141 
(February 14, 1972) 

APPLICANT: Kenneth Roberts 

c/o Marion Engineering Associates, Inc. 
Post Office Box 633, Ocala, Florida 32670 

PROJECT: To construct a marina in Rainbow River on the 

easterly shore 3/4 of a mile southeast of Rainbow 
Springs in Marion County on 150 square feet of 
sovereignty land. 



October 31, 1972 



LOCATION: 

MATERIAL: 

PAYMENT : 

STAFF 
REMARKS: 



137 



Section 18, Township 16 South, Range 19 East, 
Marion County. 

No dredging required. 

Minimum fee of $100. 

Field Operations - No objection. 



ECOLOGICAL 

RESPONSES: Department of Natural Resources - Deferred to Game 
and Fresh Water Fish Commission. 

Game and Fresh Water Fish Commission - No objection, 

Department of Pollution Control - No objection. 

Staff recommends issuance of Marina License ML-141 with a 
minimum annual fee of $100 . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Christian, seconded by Mr. Stone and passed 
without objection, the Trustees approved the marina license 
and construction permit as recommended by the staff. 



MARTIN COUNTY 



•17- 



Marina License Permit No. ML-12 
(October 2, 1972) 



APPLICANT: 



PROJECT : 



LOCATION: 



PAYMENT : 



STAFF 
REMARKS : 



John A. Herbert 
c/o Mallory L. Johnson 
306 North Florida Avenue 
Jupiter, Florida 33494 

To renew Marina License No. ML-12 for one year 
beginning November 10, 1972. 

Section 19, Township 40 South, Range 43 East, 
Martin County. 

$380.40 fee received for 19,020 square feet at two 
cents per square foot. 



Field Operations - Not applicable. 



ECOLOGICAL 

RESPONSES: Not applicable. 

Staff recommends renewal of Marina License No. ML-12 for one 
year commencing November 10, 1972. 

ACTION OF THE TRUSTEES: 

On motion by Mr. Christian, seconded by Mr. Stone and passed 
without objection, the Trustees approved one-year renewal of 
the marina license as recommended by the staff. 



October 31, 1972 



138 



-18- 

MONROE COUNTY - Dredge Permit No. 253.03-331 
(February 2, 1972) 

APPLICANT: W. K. Merrill 

Route 1, Box 34, Islamorada, Florida 33036 



PROJECT: 

LOCATION: 

MATERIAL : 
PAYMENT : 



STAFF 
REMARKS : 



To excavate a navigation channel 170 feet x 35 feet 
x -5 feet deep. 

Florida Bay, Monroe County, Section 7, Township 6 3 
South, Range 38 East. 

730 cubic yards. 

$1,095.00 received in payment for sovereignty material 
at standard rates. 



Field Operations - No objection. 



ECOLOGICAL 

RESPONSES: Department of Natural Resources - No objection. 

Game and Fresh Water Fish Commission - No objection, 

Department of Pollution Control - No objection. 

Staff recommends approval of Permit No. 253.03-331 . 

ACTION OF THE TRUSTEES : 

Mr. Kuperberg informed the Board that this project was certi- 
fied by the Department of Pollution Control prior to the 
moratorium. 

On motion by Mr. Christian, seconded by Mr. Conner and passed 
without objection, the dredge permit was approved. 



-19- 

OKALOOSA COUNTY - Dredge Permit No. 46-21-0104 
(August 3, 1972) 



APPLICANT: 



PROJECT: 



LOCATION: 



MATERIAL 



PAYMENT : 

STAFF 
REMARKS : 

ECOLOGICAL 
RESPONSES: 



Shalimar Yacht Basin 

Post Office Box 188, Shalimar, Florida 33579 

To perform maintenance dredging in existing channel 
to Lake Como and Lake Toto . 

Section 6, Township 2 South, Range 2 3 West, 
Choctawhatchee Bay, Okaloosa County. 

3,7 00 cubic yards material to be removed from 
sovereignty bottoms in Choctawhatchee Bay. 

$1,850 received for material at standard rates. 

Field Operations - No objection. 

Department of Natural Resources - No objection. 
Turbidity and silt - retaining devices should be 
used around dredge areas if necessary to protect 
nearby bottoms . 

Game and Fresh Water Fish Commission - No objection. 
Recommends diapers be employed during the maintenance 
dredging to control siltation. 

Department of Pollution Control - No objection. 



October 31, 1972 



139 



Staff recommends issuance of Permit No. 46-21-0104 with the 
stipulation that turbidity screens or diapers be installed 
and maintained during dredging" ! 

ACTION OF THE TRUSTEES: 

On motion by Mr. 0' Mai ley, seconded by Mr. Conner and passed 
without objection, the dredge permit for maintenance dredging 
was approved subject to the stipulation to control turbidity. 



-20- 

PALM BEACH COUNTY - Maintenance Dredge Permit No. 50-21-0112 
(August 4, 1972) 

APPLICANT: City of Boca Raton 

201 West Palmetto Park Road 
Boca Raton, Florida 33432 

PROJECT: To maintain a navigation inlet and a drainage 

outlet for surrounding area, plus transfer sand for 
littoral drift. 

LOCATION: Sections 28, 29, 32, Township 47 South, Range 43 East, 
Boca Raton Inlet. 

MATERIAL: 60,000 cubic yards. 

PAYMENT: None required since spoil material will be placed 
on sovereignty land. 

STAFF REMARKS: Field Operations - No objection. 

ECOLOGICAL 

RESPONSES: Department of Natural Resources, as follows: 

Division of Survey and Management - The dredging of 
the inlet should not have direct, wide-spread, adverse 
effects. However, in a swiftly flowing inlet, control 
of the silt liberated by the dredging would be practi- 
cally impossible. 

Division of Beaches and Shores - Recommends the project 
as necessary beach nourishment. 

Game and Fresh Water Fish Commission - Dredging should 
be limited to only those areas which are shallow and 
a hazard to navigation. Spoil should be placed on 
uplands and removed to the City of Boca Raton Beach 
property for use by the general public. 

Department of Pollution Control - No objection. 

OTHERS: 1. Area Planning Board of Palm Beach County - No objection. 

2. Board of County Commissioners approved and endorsed 
the project. 

3. Town of Hillsboro Beach requests that no permit be 
granted for the project unless the material removed 
will be restored to the littoral drift, will be 
placed upon lands seaward of the mean high water 
mark, and will not be placed on privately-owned 
uplands . 

Staff recommends approval of Permit No. 50-21-0112 . 
ACTION OF THE TRUSTEES : 

Mr. Kuperberg pointed out that the agenda information for 
"Payment" should read, "None required since spoil material 
will be placed on sovereignty land." 



October 31, 1972 



140 



On motion by Mr. Stone, seconded by Mr. Conner and passed 
without objection, the Trustees approved the permit for 
maintenance dredging. 



-21- 

PALM BEACH COUNTY - Fill Permit No. 253 . 124 (8) -276 
(August 23, 1972) 



APPLICANT: 



PROJECT : 

LOCATION: 

MATERIAL : 

PAYMENT : 

STAFF 
REMARKS : 



J. L. Moulder 

1713 Northeast Second Street 
c/o Lindahl and O'Brien 
1308 North Alt. A-l-A 
Jupiter, Florida 33458 

To construct a concrete seawall and place approximately 
50 cubic yards of back fill at applicant's land adjacent 
to the Loxahatchee River at Jupiter, Florida. 

Section 36, Township 40 South, Range 42 East 
Palm Beach County. 

50 cubic yards of fill. 

None. 



Field Operations - No objection, 



ECOLOGICAL 

RESPONSES: Department of Natural Resources - No objection. 

Game and Fresh Water Fish Commission - No objection, 

Department of Pollution Control - No objection. 



OTHERS : 



Central and Southern Florida Flood Control District 
No objection. 



Staff recommends issuance of Fill Permit . 

ACTION OF THE TRUSTEES : 

On motion by Mr. Stone, seconded by Mr. Christian and passed 
without objection, issuance of the fill permit was approved. 



-22- 

PINELLAS COUNTY - Marina License Permit No. 52-30-0012 
(June 9, 1972) 

APPLICANT: Mrs. Don Clymer Kissee 

119 West 128 Avenue, Madeira Beach, Florida 



PROJECT : 

LOCATION: 

MATERIAL: 

PAYMENT : 

STAFF 
REMARKS : 

ECOLOGICAL 
RESPONSES: 



To construct docking facilities covering 1253 square 
feet of water column at an existing marina in Johns 
Pass, Madeira Beach, Florida. 

Section 15, Township 31 South, Range 15 East, 
Pinellas County. 

None. 

$100 minimum annual fee received. 

Field Operations - No objection. 

Department of Natural Resources - No objection. 
Game and Fresh Water Fish Commission - No objection. 
Department of Pollution Control - No objection. 



October 31, 1972 



OTHERS ; 



141 



Pinellas County Water and Navigation Control Authority 
Permit M6515-72 issued June 6, 1972. 



Staff r ecommends issuance of Marina License and Construction Permit 
No . 52-30-0012 with minimum annual fee of $100 . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Stone, seconded by Mr. Christian and passed 
without objection, the Trustees authorized issuance of marina 
license and construction permit as recommended by the staff. 



-23- 

PINELLAS COUNTY - Marina License Permit No. 52-30-0019 
(July 26, 1972) 



APPLICANT; 
PROJECT : 

LOCATION: 

MATERIAL : 

PAYMENT : 

STAFF 
REMARKS : 



K. D. Sauder 

1861 Brentwood Drive, Clearwater, Florida 

To construct a 50 feet long x 24 feet wide dock on 
the east shore of Clearwater Harbor, at the Harbour 
Club Apartments. 

Section 32, Township 29 South, Range 15 East, 
Pinellas County. 

Not applicable. 

$100.00 minimum annual fee received. 

Field Operations - No objection. 



ECOLOGICAL 

RESPONSES: Department of Natural Resources - No ob;jection. 

Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control - No objection . 

OTHERS: 1. Pinellas County Water and Navigation Control Authority 
approved . 

2. Town of Belleaire Bluffs issued Permit No. 265. 

Staff recommends issuance of Marina License and Const ruction 
Permit No. 52-30-0019 with minimum annual fee of $100 . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Stone, seconded by Mr. Christian and passed 
without objection, the Trustees authorized issuance of marina 
license and construction permit as recommended, with minimum 
annual fee of $100. 



-24- 

PINELLAS COUNTY - Fill Permit No. 52-12-0071 
(July 17, 1972) 

APPLICANT: City of Tarpon Springs 
Tarpon Springs, Florida 

PROJECT: To replace a failing seawall at the city's sponge dock 
fronting on the south shore of the Anclote River; 
proposed construction will be 9.67 feet waterward of 
present wall. 

LOCATION: Section 12, Township 27 South, Range 15 East, 
Pinellas County. 

MATERIAL: No dredging indicated on plans. 



October 31, 1972 



142 

PAYMENT: Not applicable. 

Field Operations - No objection. 



STAFF 
REMARKS 



ECOLOGICAL 

RESPONSES: Department of Natural Resources - No objection. 

Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control - No objection. 



OTHERS : 



Pinellas County Water and Navigation Authority approved 
fill only application FO-284 September 19, 1972. 



Staff recommends approval of Permit No. 52-12-0071 . 

ACTION OF THE TRUSTEES : 

On motion by Mr. Conner, seconded by Mr. Stone and passed 
without objection, the fill permit to the City of Tarpon 
Springs was approved. 



PINELLAS COUNTY 



-25- 

Artificial Reef Permit No. 52-32-0139 
(August 28, 1972) 



APPLLICANT: City of Clearwater 

Post Office Box 4748, Clearwater, Florida 3351S 



PROJECT : 



LOCATION: 



MATERIAL : 



PAYMENT : 



STAFF 
REMARKS : 



To add additional material to the existing City 
of Clearwater artificial reef. 

Gulf of Mexico approximately 5,400 yards off 
Clearwater Beach, latitude 28 degrees, 00.6 minutes 
North, longitude 8 2 degrees, 5 3.3 minutes West. 

Motor vehicle tires, old appliances, broken concrete 
pipe - up to 4,000 cubic yards per month. 



Water depths of at least 15 feet mean low water will 
exist over the reef after construction. 



ECOLOGICAL 

RESPONSES: Department of Natural Resources - The placement of 

additional artificial reef materials at this existing 
site should provide useful habitat for the attraction 
of marine life. 

Appliances such as refrigerators, stoves, and washing 
machines are hard to contain at the reef site and 
deteriorate rapidly. Their use should be discouraged 
unless they are adequately weighted with concrete. 

Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control - No objection. 

Staff recommends approval of Artificial Reef Permit No. 52-32-0139 
subject to the recommendation of the Department of Natural Resources , 

ACTION OF THE TRUSTEES: 

Motion was made by Mr. Conner, seconded by Mr. Stone and passed 
without objection, that the artificial reef permit be approved 
subject to the recommendation of Natural Resources Department. 



October 31, 1972 



143 



-26- 



VOLUSIA COUNTY - Fill Permit No 253.124-312 
(August 30, 1972) 

APPLICANT: Dennis Erhart ,oma 

3326 South Peninsula, Daytona Beach, Florida 32018 



PROJECT: 



To fill an area of submerged land 60 feet x 50 feet 
which was previously excavated to create a boat basin, 



LOCATION: Section 35, Township 15 South, Range 33 East, 
Halifax River, Volusia County. 

MATERIAL: Fill to be obtained from upland sources. 

PAYMENT: Not applicable. 



STAFF 
REMARKS: 

ECOLOGICAL 
RESPONSES: 



Field Operations - Recommend approval 

Department of Natural Resources - To best conserve marine 
biological resources, the proposed seawall should be 
relocated landward of the cord grass shoreline. 

Game and Fresh Water Fish Commission - This seawall 
project, as presently outlined, would completely 
eliminate this biological productive area. 

Department of Pollution Control - No objection. 
Staff recommends approval of Permit No. 2 53.124-312. 
ACTION OF THE TRUSTEES: 

Mr. Kuperberg stated that the present owner wishes to restore a 
50 foot by 60 foot parcel of upland that had been excavated for 
a boat basin. During the time it was excavated, a growth of cord 
grass had become established and was the basis of the objection . 

Motion was made by Mr. Christian, seconded by Mr . Stone and 
passed without objection, approving the fill permit. 

Responding to Mr. O'Malley's inquiry, Mr. Kuperberg said the 
applicant had agreed to relocate the seawall in line with ad : acent 
existing ^awalls at the mean high water line and eliminate all dredging 

-27- 

HOLMES COUNTY - Disclaimer 

(October 31, 1972) 

APPLICANT: Dan Parrett 

Westville, Florida 

PROJECT: Disclaimer to lands presently occupied by applicant. 

LOCATION: Section 8, Township 4 North, Range 16 West, 

Holmes County. Portion marked Parcel "A" on attached 
survey. Exhibit B. 

STAFF REMARKS: Disclaimer, to lands occupied by Dan Parrett, 
pursuant to survey made as part of solution to Mr. Parrett s 
problem. 

Problem arose when Mr. Parrett was ousted from lands conveyed 
by Murphy Act Deed because of defective description. (See Relief 
Act, Chapter 72-459, Exhibit "A" attached.) 

Upon payment of amount appropriated Mr Parret t fve state, 
and Trustees, a general release. (See Exhibit C attached.) 



October 31, 1972 



144 



A disclaimer was promised so that the location of the property 
occupied by Mr. Parrett, surveyed, could be reflected in the 
Public Records of Holmes County. 

Staff recommends issuance of Disclaimer to Mr. Parrett. (Exhibit D) 

ACTION OF THE TRUSTEES: 

The Director recommended issuance of the disclaimer in accor- 
dance with the claims bill and conditions under that bill. 

Motion was made by Mr. Stone, seconded by Mr. Conner, that the 
staff recommendation be accepted. 

Mr. Dan Parrett was not satisfied with a disclaimer because 
he said it did not show that he owned anything. 

Mr. Sherman Weiss, staff legal counsel, explained briefly that 
the state could not convey because the state did not have 
any interest in the land, that the difficulty arose from 
descriptions of land certified to the State of Florida under 
the Murphy Act, that the land on which Mr. Parrett built 
his house was not the land described in any of the three Murphy 
Act deeds under which he acquired an interest. As part of the 
agreement to settle the problem, it had been agreed that Mr. 
Parrett would receive a survey of the land on which his 
house was located, could then record that and have something 
on which he could pay taxes and after the required period of 
time could quiet title. Mr. Weiss emphasized that at no time 
did the state represent that it had an interest in the property. 

Mr. Kuperberg said the state had spent five years trying to 
resolve the matter and would continue to try to assist Mr. 
Parrett. Payment had been made to Mr. Parrett in accordance 
with the claims bill at which time he signed a general release. 
Governor Askew commented that the Legislature had shown in the 
claims bill the amount Mr. Parrett was to be reimbursed and the 
question of title might be resolved in a quiet title suit. 

Motion was made by Mr. O'Malley, seconded by Mr. Stone and 
passed without objection, that the staff recommendation be 
approved and a disclaimer issued to Mr. Parrett. 



On motion by Mr. Christian, seconded by Mr. Conner and passed 
without objection, the rules were waived for consideration of 
all the following items added to the original printed agenda. 



-28- 

PINELLAS COUNTY - Marina License and Construction Permit 
No. 53-30-0016 
(June 14, 1972) 

APPLICANT: Treasure Island Tennis and Yacht Corporation 
2901 58th Avenue North 
St. Petersburg, Florida 33714 

PROJECT: To construct three docks and occupy 38,280 square feet 
of sovereignty land adjacent to applicant's upland in 
Boca Ciega Bay at St. Petersburg, Florida. 

LOCATION: Section 24, Township 31 South, Range 15 East, 
Pinellas County. 

MATERIAL : None . 

PAYMENT: $765.60 annual fee received. 

STAFF 

REMARKS: Field Operations - No objection. 



October 31, 1972 



145 



ECOLOGICAL 

RESPONSES: Department of Natural Resources - No objection. 

Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control - No objection. 

OTHERS: 1. Pinellas County Water and Navigation Control Authority 
approved marina application M6442-72. 

2. City of Treasure Island approved permit application on 
April 27, 1972. 

Staff recommends issuance of Marina License No. 50-30-0016 and 
construction permit ^ 

ACTION OF THE TRUSTEES: 

Motion was made by Mr. Christian, seconded by Mr. Conner and 
passed without objection, authorizing issuance of the marina 
license and construction permit to Treasure Island Tennis and 
Yacht Corporation. 



-29- 

OKALOOSA COUNTY - Marina License and Construction Permit 
No. 46-30-0129 
(July 31, 1972) 

This application is placed on the agenda of this date at the 
request of the Governor's Office. 

APPLICANT: Diamondhead Manufacturing, Inc. 

Building 16, Mobile Aerospace Industrial Complex 
Mobile, Alabama 36605 

PROJECT: To construct a barge landing and four mooring 

dolphins covering 8,800 square feet of submerged 
land in Old Pass Lagoon. 

LOCATION: East end of Old Pass Lagoon, Township 2 South, 
Range 22 West, Okaloosa County. 

MATERIAL : None . 

PAYMENT: $17 6 annual fee. 

STAFF 

REMARKS: Field Operations - No objection. 

ECOLOGICAL 

RESPONSES: Department of Natural Resources - No objection. 

Game and Fresh Water Fish Commission - No objection, 

Department of Pollution Control - No objection. 

Staff recommends issuance of Marina License No. 46-30-0129. 

ACTION OF THE TRUSTEES: 

On motion by Mr. Christian, seconded by Mr. Conner and passed 
without objection, the Trustees authorized issuance of marina 
license and construction permit. 



October 31, 1972 



146 



-30- 

LAKE COUNTY - Construction and Dredge Permit No. 253.123-1020 
(October 2, 1972) 

This application is placed on the agenda at the request of the 
Secretary of State. 

APPLICANT: Oklawaha Basin Recreation and Water Conservation 
and Control Authority, c/o Gee & Jenson 
2019 Okeechobee Boulevard, West Palm Beach, Florida 

PROJECT: Channel improvement for flood prevention and agri- 
cultural water management and installation of water 
control structures to provide increased water storage 
capabilities . 

LOCATION: Palatlakaha River Watershed in 'Township 2 South, 
Ranges 24 and 25 East, and in Township 21 South, 
Ranges 24 and 25 East, Lake County. 

MATERIAL: Material removed will be placed on diked upland 
spoil disposal areas. 

PAYMENT: None. No state-owned sovereignty land involved. 

STAFF 

REMARKS: Field Operations - No objection. 

ECOLOGICAL 

RESPONSES: Department of Natural Resources - Defers to Game and 
Fresh Water Fish Commission. 

Game and Fresh Water Fish Commission - The revised 
plans and concepts, if fully implemented as proposed, satisfy 
the aims and objectives of our agency. In order to assure that 
correct management procedures are applied now and in the future, 
the following recommendations are offered: (1) An interagency 
committee consisting of personnel from the Lake County Water 
Authority, Southwest Florida Water Management District, Florida 
Game and Fresh Water Fish Commission, Lake County Pollution 
Control Office, and other state and local agencies concerned 
with water conservation, should be established to give advice 
on correct water regulation procedures. (2) Approval of the 
project should not be final until all permanent easements are 
obtained on the proposed water storage areas. (3) The river from 
structure M-6 to U. S. Highway 27 should be designated, by County 
resolution, as a public canoe trail. Our approval of the revised 
plan is tentative until the above recommendations are implemented. 

Department of Pollution Control - Not received 

OTHERS: 1. Lake County Department of Pollution Control suggests 
that conservation interests have a major say in water level 
schedules and fluctuations, and flowage easements be permanent. 

2. Department of Administration, Division of State 
Planning, concludes that the project is in accord with state 
plans, projects, programs and objectives subject to the following 
conditions: (1) Permanent flowage easements which are not subject 
to future change are to be obtained for all flood-prone land along 
the river for the purpose of preventing development of such area. 
(2) If not prohibited by law or some other agency, an advisory 
committee is to be established after the project is implemented 
for the purpose of advising on water levels and other management 
of the project and include at least one representative of the 
Lake County Pollution Control Department or the Game and Fresh 
Water Fish Commission. (3) Consideration is to be given to taking 
steps to have all or a portion of the river between U. S. 27 
and structure M-6 designated as a canoe trail, and constructing 
a small boat ramp in the vicinity of structure M-5. 

STAFF RECOMMENDATION: Issuance of construction and dredge permit 
253.123-1020, subject to the recommendations of the local and 
state agencies and the approval of the Department of Pollution 
Control . 

October 31, 1972 



147 



ACTION OF THE TRUSTEES: 

Mr. Kuperberg said the staff had received the report from 
the Department of Pollution Control subsequent to printing 
the agenda. 

On motion by Mr. Christian, seconded by Mr. Stone and passed 
without objection, the staff recommendation was approved. 



-31- 

PALM BEACH COUNTY - Road Right of Way 
(June 11, 1972) 

At the request of the Governor's Office, this application is 
placed on the agenda. 

APPLICANT: Department of Transportation 
Tallahassee, Florida 

REQUEST: Title to land for right of way of State Road 
No. 9 (1-95) 

LOCATION: Three parcels of land containing 23.47 acres, more 
or less, in Section 7, Township 47 South, Range 43 
East and Section 13, Township 47 South, Range 4 2 
East, Palm Beach County. (DOT Parcel No. 499.1) 

The Trustees hold title pursuant to Section 253.03, Florida 
Statutes, to this land which consists of the Florida Atlantic 
University campus and Boca Raton airport. Title was conveyed 
by the War Assets Administrator in 1948 to the Town of Boca 
Raton and by the Town to the state for the location of the 
University and continuing operation of the airport, subject to 
certain restrictions governing the use of the airport property. 

The Department of Transportation has appraised the 23.47 acres 
needed for 1-95 right of way and offers $180,700.00 for fee title 
for road right of way purposes. 

Staff appraiser reviewed and approved the consideration offered. 

Due to the restrictions limiting the use of the airport property, 
a release must be obtained from the Federal Aviation Administra- 
tion to allow conveyance of the three parcels to the Department 
of Transportation for road purposes. The FAA will not execute 
a release of the restrictions unless the proceeds from the 
sale of the property are obligated for use exclusively for 
developing, improving, operating or maintaining the airport. 

Staff was in doubt respecting the use of funds as required by 
FAA. Opinion of the Attorney General was requested and he 
advised that the proceeds did not accrue to the benefit of the 
Trust Fund, therefore the Trustees were not prohibited frorn^ 
complying with the requirements for release of the restrictive 
covenants . 

Recommend the Board authorize : 

1. Conveyance of the three parcels to the Depa rtment of 
Transportation for public road purposes for th e con- 
sideration of $180,700 offered; 

2. st aff obtain release of restrictive covena nts from FAA, 
and execution of such agreements as are necessary by the 
Executive Director and the Board of Regents; 

3. Funds received be transferred to Board of R egents to 
be expended as required by FAA on the Boca Raton 
airport currently operated under the jur isdiction of 
the Board of Regents . 



October 31, 1972 



148 



ACTION OF THE TRUSTEES: 



On motion by Mr. Stone, seconded by Mr. Christian and passed 
without objection, the recommendations were accepted as the 
action of the Trustees. 



-32- 



POLK COUNTY - Land Exchange 



Placed on the agenda at the request of Commissioner Doyle 
Conner. 

Request consideration of an agreement to exchange a tract 
containing 4 9% acres in use by the Department of Agriculture 
and Consumer Services as a citrus budwood grove, for suitable 
property together with improvements of equal or greater value 
which will allow continuation and expansion of the budwood 
program. 

Under the terms of the agreement the 4 9% acres in Section 7, 
Township 26 South, Range 27 East, Polk County, will be 
exchanged for other land selected by the Department. The 
appraisal of the 4 9%-acre tract of land has been reviewed and 
approved by the staff appraiser. 

The Department of Agriculture and Consumer Services recommends 
the agreement to exchange as being in the public interest. 

The staff recommends in principle the proposed land exchange. 

ACTION OF THE TRUSTEES: 

Motion was made by Mr. Christian, seconded by Mr. Conner, that 
the proposed land exchange be approved in principle. 

In response to questions of the members, Mr. Kuperberg stated 
that there had been agreement on a parcel of land since 
preparation of the agenda item, that the Department of Agricul- 
ture would acquire more land and was willing to make an exchange 
provided the department would benefit, that both appraisals 
are current. 

Mr. O'Malley pointed out that he had no information as to the 
land to be exchanged or the appraisals. The Director assured 
him that facts and figures would be brought back to the Board 
and the matter was on the agenda today only to get an indica- 
tion from the members that an exhange would be considered. 

Without objection, action was deferred for two weeks. 



-33- 

PALM BEACH COUNTY - Road Right of Way 
(August 18, 1972) 

Placed on the agenda at the request of the Governor's Office. 

APPLICANT: Department of Transportation 

REQUEST: Conveyance of title to a 12.62-acre parcel to the 
Palm Beach County Board of Public Instruction in 
connection with construction of State Road 9(1-95). 

LOCATION: 12.62 acres in SW% of Section 13, Township 47 South, 
Range 42 East, Palm Beach County and a part of the 
Florida Atlantic University campus. (DOT Parcel 
No. 607.1) 

The Department of Transportation in acquiring right of way for 
1-95 found it necessary to acquire a portion of the Boca Raton 
High School campus which is improved by the school ' s athletic 
field. In order to reimburse the high school with additional 

October 31, 1972 



149 



land as required by Federal Department of Transportation regula- 
tions, this 12.6 2-acre parcel on the university campus and 
adjacent to the high school was selected for the purpose and 
appraised for $90,000. 

Staff appraiser has reviewed and approved the appraisal submitted 
by the Department of Transportation. 

To assist the Department in its acquisition of lands necessary to 
proceed with the construction of 1-95, it is recommended that the 
Board execute a deed conveying the 12.62 acres to the Palm Beach 
County Board of Public Instruction for public purposes only and 
forward deed to the Department of Transportation for exchange of 
deeds with the school board subject to disbursement of funds in 
accordance with the opinion of the Attorney General concerning 
the interest of the Board of Trustees and of the Board of Regents , 

ACTION OF THE TRUSTEES : 

On motion by Mr. Christian, seconded by Mr. Shevin and passed 
wihtout objection, the staff recommendations were accepted 
as the action of the Trustees. 



-34- 

ST. Lucie County - Channel Maintenance Dredging 
(June 19, 1972) 

The Board of Commissioners of the Fort Pierce Port and Airport 
Authority in meeting on June 13, 1972, adopted Resolution No. 
72-8 which sets forth the Boards' efforts to obtain a spoil 
area to accommodate the material to be removed in scheduled 
maintenance dredging in the existing channel and turning basin. 

A portion of the material is suitable and will be placed on 
the South Beach in connection with the erosion control program. 
Due to the distance involved and the character of the material, 
it is not feasible to place all of the spoil on the beach. Certain 
state and federal agencies, including the Florida Game and Fresh 
Water Fish Commission and the Federal Bureau of Sports Fisheries 
and Wildlife have objected to the use of the publicly owned spoil 
area. The only available spoil area is privately owned. The owner 
is agreeable to allowing approximately 100,000 cubic yards of 
material to be deposited on his property. Since he has no present 
need for such fill, he is not willing to pay for it. 

The Board requests waiver of the 50 cents per cubic yard charge 
for material to be placed on privately owned uplands by the 
Corps of Engineers or its agents or contractors. 

Members of the Board of Commissioners of Fort Pierce Port and Airport 
Authority are expected to be present to make its request directly 
to the Board of Trustees. 

ACTION OF THE TRUSTEES : 

On the request of Governor Askew, consideration by the Board 
was deferred for two weeks. 




a£Z 



GOVERNOR - CHAIRMAN 




* * * * 



October 31, 1972 



150 



Tallahassee, Florida 
November 14, 197 2 



The State of Florida Board of Trustees of the Internal 
Improvement Trust Fund met on this date in the Haydon Burns 
Auditorium with the following members present: 

Reubin O'D. Askew Governor 

Richard (Dick) Stone Secretary of State 

Fred 0. Dickinson, Jr. Comptroller 

Thomas D. O'Malley Treasurer 



Joel Kuperberg Executive Director 



-1- 
The Board deferred approval of the minutes of October 31, 1972. 



-2- 

0KAL00SA COUNTY - Murphy Act Land Sale (Hardship Act) 

On motion by Mr. Stone, seconded by Mr. O'Malley and passed 
without objection, the Trustees approved the staff recommen- 
dation to convey the interest of the State of Florida in 20 
acres of land described as the NW% of NE% of SW% and the NW% 
of SE% of SW% in Section 2, Township 2 North, Range 22 West, 
Okaloosa County, to W. 0. Bowden and Mary Lee Bowden under 
provisions of Section 197.355, Florida Statutes, Chapter 28317, 
Acts of 1953 (Hardship Act) for not less than $10 per acre 
or $200 following the established policy. 

However, as only four members were present, Mr. O'Malley made 
a motion, seconded by Mr. Stone, to reconsider and to defer 
action until five members were present to consider disposition 
of land. The motion passed without objection. 



-3- 

WAKULLA COUNTY - Murphy Act Conveyance 

On motion by Mr. O'Malley, seconded by Mr. Stone and passed 
without objection, the Trustees approved the staff recommen- 
dation to convey to Wakulla County under Section 197.350 
without advertisement and public sale. Lots 12 and 17, Block D, 
Town of Crawf ordville , for the appraised price of $1,500. 

However, as only four members were present, Mr. O'Malley made 
a motion, seconded by Mr. Stone, to reconsider and defer action 
until five members were present to consider disposition of 
the land. The motion passed without objection-. 



-4- 

ESCAMBIA COUNTY - Geophysical Survey 

APPLICANT: Geophysical Service, Inc. 
New Orleans, Louisiana 

REQUEST: Permission to conduct a seismic survey using air 
gun method without use of explosives. 

LOCATION: Perdido Bay, north of U.S. Highway 98, and approxi- 
mately 6 miles up the Perdido River in Escambia County, 

The Game and Fresh Water Fish Commission has reviewed this request 
and offers no objections to the project. The Department of 
Natural Resources on October 17 considered the issuance of 
Geophysical Permit No. 117 for this project. 



November 14, 1972 



151 



Recommend granting Geophysical Service, Inc., permission to 
conduct the survey . 

ACTION OF THE TRUSTEES: 

On motion by Mr. O'Malley, seconded by Mr. Stone and passed 
without objection, the Trustees granted permission for 
Geophysical Service, Inc., to conduct the survey as described. 



-5- 

ESCAMBIA COUNTY - Advertise for Oil and Gas Lease 
(June 29, 1972) 

APPLICANT: Humble Oil and Refining Company 
by G. Thomas Smith 
Post Office Box 12091, Pensacola, Florida 

REQUEST: Advertise for bids for an oil and gas drilling lease. 

LOCATION: The state land underlying and surrounding Stone 
Lake in Section 12, Township 5 North, Range 31 
West and Section 7, Township 5 North, Range 30 
West, containing 244 surface acres and 234 net mineral 
acres in Escambia County. 

INTEREST 

OF STATE: The Trustees hold fee title to this tract which is 
leased to the Game and Fresh Water Fish Commission for its use 
and benefit. The Trustees hold full mineral interest in all of 
the 244 acres except the Nh of NE% of SE^ of Section 12, where 
an undivided one-half interest in the minerals is held by other 
parties. Proceeds from this lease will go to the Game and Fresh 
Water Fish Commission. 

The Game and Fresh Water Fish Commission has reviewed and approved 
offering the state land under and surrounding Stone Lake for an 
oil and gas drilling lease provided the Commission reviews and 
consents to issuance of any drilling permit applied for on the 
land surrounding the lake, and reviews bids ^received prior to 
award being made. 

The request has been reviewed by the Director of Interior 
Resources, Department of Natural Resources, who concurs in the 
following recommendation. 

Recommend advertising for sealed bids for a five-year primary 
term lease with annual rental of $1 per net mineral acre, 1/6 
royalty, $50,000 surety bond and at least one test well every 
2H years drilled to 6,000 feet or to a depth sufficient to test 
the Norphlet Sands, with the right reserved by the Game and Fresh 
Water Fish Commission to review or disapprove the drilling of any 
wells proposed on the leased land surrounding the lake . 

ACTION OF THE TRUSTEES: 

On motion by Mr. O'Malley, seconded by Mr. Stone and passed 
without objection, the Trustees authorized advertising for 
sealed bids for an oil and gas lease as recommended by the 
staff. 



-6- 

SANTA ROSA COUNTY - Consideration of Oil and Gas Lease Bids 

APPLICANT: Continental Oil Company 
by Donald E. Harris 
Post Office Box 51266, OCS 
Lafayette, Louisiana 70501 

REQUEST: Consideration of Oil and Gas Lease Bids 



November 14, 1972 



152 



LOCATION: Those portions of State Road 10 (U.S. No. 90) and 
Interstate 10 lying in Sections 25, 26, 27, 34, 
35, and 36 Township 2 North, Range 27 West, 
Santa Rosa County, containing a total of 285 surface 
acres (285 net mineral acres) . 

INTEREST 

OF STATE: Department of Transportation holds a full interest 

in the petroleum, and proceeds from this lease 

will go to that department. 

The lease requires an annual rental of $1 per net mineral acre, 
$50,000 surety bond, 1/6 royalty and at least one test well 
every 2% years drilled to 6,000 feet or to a depth sufficient 
to test the Norphlet Sands, whichever is deeper. Well drilling 
operations are prohibited on the road rights of way. 

Invitation to bid was advertised pursuant to law in the Tallahassee 
Democrat and The Press-Gazette with bids to be opened at 10:00 A.M. 
(EST) on November 14, 1972, for consideration by the Trustees. 
The right to reject any or all bids is reserved . 

ACTION OF THE TRUSTEES : 

Mr. James T. Williams, of Trustees Land Records Division, 
informed the Trustees that two sealed bids had been received. 
He read into the record the following bids: 

Continental Oil Company, total bid $14,62 3.35 

Amoco Production Company, total bid $ 7,200.00 

As only four members were present, Mr. Williams recommended 
that consideration of the bids and award of the lease be 
deferred until the next meeting. It was so ordered. 



-7A- 

CLAY COUNTY - Application for Quitclaim, 
File No. 2475-10-253.12(6) 

As only four members were present, the Board deferred until 
the next meeting the consideration of an application from 
St. Johns Associates, Limited, represented by Walter N. 
Vance, III, for a quitclaim deed pursuant to provisions of 
Section 253.12(6) Florida Statutes, to a parcel of filled 
sovereignty land in the St. Johns River abutting Section 44, 
Township 4 South, Range 26 East, Clay County. 



-7B- 

CLAY COUNTY - Dredge and Fill Permit No. 10-31-0069 

As only four members were present, the Board deferred until 
the next meeting the consideration of an application from St. 
Johns Associates, Limited, to dredge from an existing boat 
basin, replace a bulkhead, reclaim land lost by avulsion in 
accordance with the provisions of Section 253.124(8) Florida 
Statutes, and to repair an existing dock in Section 21, Town- 
ship 4 South, Range 26 East, Doctor's Inlet, Clay County. 



November 14, 1972 



153 



-8A- 

CLAY COUNTY - Bulkhead Line 

(August 25, 1972) 

APPLICANT: Department of Transportation 
Tallahassee, Florida 



PROJECT : 

LOCATION: 

MATERIAL : 

PAYMENT : 

STAFF 
REMARKS : 

ECOLOGICAL 
RESPONSES: 



OTHERS : 



Approval of the bulkhead line established by 
Clay County along the approximate mean high water 
line of Governor's Creek. 

Section 37, Township 6 South, Range 26 East, 
Thomas Travers Grant, Clay County. 

Not applicable 

Not applicable. 

Field Operations - No objection. 

Department of Natural Resources - No objection. 

Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control - No objection. 

Board of County Commissioners of Clay County 
established the bulkhead line on June 27, 1972. 



Staff recommends approval of the bulkhead line . 
ACTION OF THE TRUSTEES: 

On motion by Mr. Stone, seconded by Mr. O'Malley and passed 
without objection, the Trustees approved the bulkhead line 
established by the Board of County Commissioners of Clay 
County by resolution adopted on June 27, 1972. 



CLAY COUNTY - Construction and Fill Permit No. 10-10-0158 
(August 25, 1972) 

APPLICANT: Department of Transportation 
Tallahassee, Florida 



PROJECT : 

LOCATION: 

MATERIAL 

PAYMENT : 

STAFF 
REMARKS : 



To construct a boat ramp on the southwest bank of 
Governors Creek in Green Cove Springs and place 
approximately 450 cubic yards of fill during construction. 

Section 37, Township 6 South, Range 26 East, 
Thomas Travers Grant, Clay County. 

Not applicable. 

Not applicable. 

Field Operations - No objection. 



ECOLOGICAL 

RESPONSES: Department of Natural Resources - No objection. 

Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control - No objection. 



Board of County Commissioners of Clay County issued 
Fill Permit on June 27, 1972. 



OTHERS : 

Staff recommends issuance of Permit No. 10-10-0158. 



November 14, 1972 



154 



ACTION OF THE TRUSTEES: 

On motion by Mr. Stone, seconded by Mr. O'Malley and passed 
without objection, the Trustees authorized issuance of the 
construction and fill permit. 

The Director stated that the staff had made much progress 
in working with the Department of Transportation on environ- 
mental problems, and was pleased with the cooperation received. 



-9- 

MARION COUNTY - Construction Permit No. 42-30-0074 
(June 29, 1972) 

APPLICANT: City of Dunnellon 

Dunnellon, Florida 32630 

PROJECT: To expand an existing city recreation area on the 

Rainbow River at the Withlacoochee River and construct 
a pier and install water slides and life lines in 
swimming area. 

LOCATION: Section 35, Township 16 South, Range 18 East, 
Rainbow River, Marion County. 

MATERIAL: No dredging or filling indicated. 

PAYMENT: Waiver of fee has been requested. 

STAFF 

REMARKS: Field Operations - No objection. 

ECOLOGICAL 

RESPONSES: Department of Natural Resources - No objection. 

Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control - No objection. 

Staff recommends issuance of construction permit 42-30-0074 and 
waiver of fee, as the project is for a public purposed 

ACTION OF THE TRUSTEES : 

On motion by Mr. Stone, seconded by Mr. O'Malley and passed 
without objection, the Trustees approved issuance of the 
construction permit without fee for the public project. 



-10- 

NASSAU COUNTY - Right of Way Easement File No. 2481-45-253.03 

As only four members were present, the Board deferred until 
the next meeting the consideration of an application from the 
Department of Transportation for an easement for highway and 
bridge construction across the Amelia River (Kingsley Creek) 
abutting Section 46, Township 2. North, Range 28 East, Nassau 
County. 



-11- 

0KAL00SA COUNTY - Construction Permit and Marina License 
No. 46-30-0129 

The application from Diamondhead Manufacturing, Inc., had 
been taken up on the agenda of October 31, and was approved 
on that date . 



November 14, 1972 



155 



■12- 



OKALOOSA COUNTY - Dredge and Fill Permit No. 46-21-0100 
(August 1, 1972) 



APPLICANT: 

PROJECT : 

LOCATION : 

MATERIAL : 
PAYMENT : 



STAFF 
REMARKS : 



Shalimar Yacht Basin, Inc., Dr. R. P. Maxon 
Post Office Box 784, Shalimar, Florida 

To dredge a cut through a sand bar and construct 
a retaining wall. 

Lake Como in Section 6, Township 25 South, Range 
23 West, Okaloosa County. 

90 cubic yards. 

Not applicable as material will be removed from 
privately-owned submerged lands. 



Field Operations - No objections, 



ECOLOGICAL 

RESPONSES: Department of Natural Resources - Project revised 

to meet the objections of Department of Natural 

Resources. 

Game and Fresh Water Fish Commission - Minimal 
damage to the limited marine life of the area would 
be incurred from this proposal provided the control 
of siltation to the nearby bay environment is imple- 
mented during dredging operations. Rubble material 
should be placed along the base of the proposed 
restraining wall to offer a protective habitat for 
small marine life while preventing erosion of the 
adjacent shoreline. 

Department of Pollution Control - No objection. 

Staff recommends approval of Permit No. 46-21-0100 with the 
stipulation that riprap be placed at the base of the retaining 
wall . 

ACTION OF THE TRUSTEES: 

Mr. Kuperberg requested that the following words be added 

to the staff recommendation: "and that appropriate turbidity 

control measures be taken." 

On' motion by Mr. Stone, seconded by Mr. Dickinson and passed 
without objection, the Trustees approved the amended staff 
recommendation for approval of the permit subject to the 
stated stipulations. 



-13- 

ST. JOHNS COUNTY - Bulkhead Line 

At the request of Mr. Dexter Douglass, attorney for the appli- 
cant, the Board deferred for two weeks the consideration of 
the application of the Florida School for the Deaf and the Blind 
for approval of a bulkhead line in Section 7, Township 7 South, 
Range 30 East, Hospital Creek in St. Johns County. 



November 14, 1972 



156 



-14- 



ST. LUCIE COUNTY - Construction Permit No. CP-2170 
(August 10, 1972) 

APPLICANT: Fort Pierce Construction Corp. 

Suite 105, 701 North Lane Boulevard 
North Palm Beach, Florida 33408 



PROJECT : 



LOCATION: 

MATERIAL: 

PAYMENT : 

STAFF 
REMARKS : 

ECOLOGICAL 
RESPONSES : 

OTHERS : 



To change name of permittee on a current construction 
permit issued to Real Estate Capital Corp., 1166 Bay 
Shore Drive, Fort Pierce, Florida, to Fort Pierce 
Construction Corp., Suite 105, 701 North Lane Boulevard, 
North Palm Beach, Florida. 

Section 1, Township 35 South, Range 40 East, 
St. Lucie County. 

None. 

$100 received from original applicant 

Field Operations - Not applicable. 



Not applicable. 

Fort Pierce Construction Corp. has purchased all 
right, title and interest in and to the lands of 
the original permittee, Real Estate Capital Corp. 

Staff recommends issuance of CP-2170 in the name of Fort Pierce 
Construction Corp . 

ACTION OF THE TRUSTEES : 

Motion was made by Mr. Stone, seconded by Mr. 0' Mai ley 
and passed without objection, authorizing issuance of the 
construction permit in the name of Fort Pierce Construction 
Corporation. 



DADE COUNTY 
APPLICANT: 

PROJECT : 

LOCATION: 

MATERIAL : 

PAYMENT : 

STAFF 
REMARKS: 

ECOLOGICAL 
RESPONSES: 

OTHERS : 



-15- 

Construction Permit No. 13-12-0021 
(September 29, 1972) 

Metropolitan Dade County 

Department of Housing and Urban Developemnt 

Box 250, Riverside Station, Miami, Florida 33135 

To reconstruct an existing bulkhead after outfalls 
have been placed through it. Pipe will not extend 
past bulkhead, therefore, no sovereignty land is 
involved. 

Section 34, Township 53 South, Range 41 East. 

None involved. 

None required. 

No objections. 

Department of Natural Resourcess - No objection. 

Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control - No objection. 

Central and Southern Florida Flood Control District 
No objections. 



Staff recommends issuance of Construction Permit No. 13-12-0021. 



November 14, 1972 



157 



ACTION OF THE TRUSTEES: 

On motion made by Mr. Dickinson, seconded by Mr. O'Malley 
and passed, with Mr. Stone voting "No", issuance of the 
construction permit was approved. 



-16- 

PALM BEACH COUNTY - Fill Permit No. 253 . 124 ( 8 ) -261 

APPLICANT: Stanley Weaver, Curtis Weaver and Ray Lewis 
c/o Adair and Brady, Inc. 
Post Office Box 967 
Lake Worth, Florida 33460 



PROJECT: 

LOCATION: 

MATERIAL : 

PAYMENT : 

ECOLOGICAL 
RESPONSES: 



OTHERS : 



To construct a seawall at approximately the line 
of mean high water . 

Section 22, Township 45 South, Range 43 East, Lake 
Worth, Palm Beach County. 

Fill will be obtained from upland sources. 
Not applicable. 

Department of Natural Resources - No objection. 
Suggests riprap be placed just offshore from the 
bulkhead to provide habitat for marine animals and 
to dissipate rather than reflect wave energy. 

Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control - No objection. 

Area Planning Board of Palm Beach County - No objection. 



Staff recommends issuance of Permit 253 . 124 (8) -261 subject to the 
recommendation of the Department of Natural Resources . 

ACTION OF THE TRUSTEES: 

Motion was made by Mr. Dickinson, seconded by Mr. O'Malley 
and passed without objection, authorizing issuance of the 
permit subject to the recommendation of the Department of 
Natural Resources. 



■17- 



PASCO COUNTY - Fill Permit No. 253.124-277 
(August 16, 1972) 



APPLICANT: 



PROJECT: 

LOCATION: 

MATERIAL : 

PAYMENT : 

STAFF 
REMARKS : 



William F. Grey 

c/o Casson Engineering Co. 

Post Office Box 1348 

New Port Richey, Florida 33552 

To construct a seawall and back-fill with material 
obtained from upland sources. 

Section 32, Township 25 South, Range 16 East, 
Pithlachascotee River, Pasco County. 

To be obtained from upland sources. 

Not applicable as sovereignty land not involved. 

Field Operations - No objections. 



November 14, 1972 



158 



ECOLOGICAL 
RESPONSES: 



Department of Natural Resources - The proposed 
fill and seawall construction should have very 
limited adverse effects on marine life. The 
placement of riprap in front of the proposed 
seawall would provide a site for marine growth 
and also help dissipate wave energy. 

Continued construction of seawalls along the 
Pithlachascotee River precludes the natural growth 
of intertidal vegetation and should not be generally 
encouraged. 

Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control - No objection. 

OTHERS: 1. City of New Port Richey issued permit. 

2. Southwest Florida Water Management District 
issued permit. 

Staff recommends issuance of Permit No. 253.124-277 subject to 
the stipulation that riprap be placed in front of the proposed 
sewall. 

ACTION OF THE TRUSTEES : 

On motion by Mr. Stone, seconded by Mr. O'Malley and passed 
without objection, the permit was approved subject to the 
placement of riprap as recommended by the Department of 
Natural Resources. 



-18- 

SARASOTA COUNTY - Dredge Permit No. 253.123-1151 
(May 25, 1972) 

APPLICANT: Charles C. Puffer 
520 Bayshore Drive 
Osprey , Florida 



PROJECT: 

LOCATION: 

MATERIAL : 

PAYMENT : 

STAFF 
REMARKS : 



To dredge an offshore turning basin 20 feet wide 

x 30 feet long by 3 feet deep and to dredge an upland 

boat basin 20 feet wide x 30 feet long by 3 feet deep. 

Section 10, Township 38 South, Range 18 East, 
Sarasota County. 

Approximately 70 cubic yards will be removed. 

Check for $70.00 has been tendered. 

Field Operations - No objection. 



ECOLOGICAL 

RESPONSES: Department of Natural Resources - No objection. 

Game and Fresh Water Fish Commission - We recommend 
that the applicant construct and utilize a dock facility 
as his neighbors to the north and south have done. 

Department of Pollution Control - No objection. 

OTHERS: Sarasota County - No objection. 

Staff recommends issuance of Dredge Permit No. 253.123-1151 . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Dickinson, seconded by Mr. Stone and passed 
without objection, issuance of the dredge permit was approved. 



November 14, 1972 



159 



-19- 



DADE COUNTY - Assignment of Lease No. 2139-A. 

As only four members were present, the Board deferred consider- 
ation of the request of Martin Woolin, holder of Campsite Lease 
No. 2139A, for assignment of the lease to Nat Ratner. 



-20- 

BAY COUNTY - Marina License Permit No. ML-9, Renewal 
(October 16, 1972) 

APPLICANT: Miracle Strip Yacht Basin 
6501 West Highway 98 
Panama City, Florida 32401 

PROJECT: To renew Marina License No. ML-9 

LOCATION: Section 34, Township 40 South, Range 43 East, 
St. Andrews Bay, Bay County. 

MATERIAL : None . 

PAYMENT: Annual fee of $570.00 has been received. 

ECOLOGICAL 

RESPONSES: Not applicable. 

Staff recommends renewal of Marina License No. ML-9 . 

ACTION OF THE TRUSTEES: 

On motion by Mr. O'Malley, seconded by Mr. Stone and passed 
without objection, the Trustees approved renewal of Marina 
License No. ML-9 as recommended. 



-21- 

BAY COUNTY - Marina License Permit No. ML-3 0, Renewal 
(May 10, 1972) 

APPLICANT: Clyde D. Weber 

1217 Branda Vista Drive 
Brandon, Florida 33511 

PROJECT: To renew Marina License No. ML-3 0. 

LOCATION: Section 24, Township 4 South, Range 14 West, Bay County. 

MATERIAL: None. 

PAYMENT: $103.80 annual fee received. 

ECOLOGICAL 

RESPONSES: Not applicable. 

Staff recommends renewal of Marina License No. ML-30 . 

ACTION OF THE TRUSTEES: 

On motion by Mr. O'Malley, seconded by Mr. Stone and passed 
without objection, the Trustees approved renewal of Marina 
License No. ML-30 as recommended. 



November 14, 1972 



160 



-22- 



VOLUSIA COUNTY - Marina License Permit No. ML-10, Renewal 
(October 16, 1972) 



APPLICANT : 

PROJECT : 
LOCATION: 

MATERIAL : 

PAYMENT : 

ECOLOGICAL 
RESPONSES: 



City of South Daytona 

Post Office Box 4220 

South Daytona, Florida 32021 

To renew Marina License No. ML-10. 

Section 33, Township 15 South, Range 43 East, Volusia 
County . 

None. 

Waived. 



Not applicable. 

Staff recommends renewal of Marina License No. ML-10 . 

ACTION OF THE TRUSTEES: 

On motion by Mr. O'Malley, seconded by Mr. Stone and passed 
without objection, the Trustees approved renewal of Marina 
License No. ML-10 without charge as recommended. 



-23- 

DUVAL COUNTY - Commercial Dock Permit No. 16-30-0118 
(September 15, 1972) 

APPLICANT: Amerada Hess Corporation 

c/o Harbor Engineering Company 
1615 Huffingham Lane 
Jacksonville, Florida 32216 



PROJECT : 

LOCATION : 

MATERIAL : 
PAYMENT : 



To extend an unloading dock and construct four 
mooring dolphins. 

Section 24 of Section 46, Township 1 South, Range 27 
East, St. Johns River, Duval County. 

Not applicable. 

Not applicable. 



STAFF REMARKS: Field Operations - No objection. 

ECOLOGICAL 

RESPONSES: Department of Natural Resources - No objection 

Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control - No objection. 

Staff recommends issuance of Permit No. 16-30-0118 . 

ACTION OF THE TRUSTEES: 

On motion by Mr. O'Malley, seconeded by Mr. Stone and passed 
without objection, the Board authorized issuance of the 
commercial dock permit to Amerada Hess Corporation. 



November 14, 197 3 



161 



-24- 



VOLUSIA COUNTY - Dredge Permit No. 253.123-1183 

At the request of Mr. William J. Roberts, attorney for the 
applicant, the Trustees deferred consideration of the 
application of 0. E. Ormand to dredge two canals connecting 
to an existing basin and canal and to the St. Johns River 
in Sections 19 and 30, Township 15 South, Range 28 East, 
in Volusia County. 



-25- 

HILLSBOROUGH COUNTY - Dredge Permit No. 29-24-0115 

At the applicant's request, the Board deferred consideration 
of the application of Benton and Company, Inc., to dredge 
dead shell from submerged lands owned by Tampa Port Authority 
in Tampa and Hillsborough Bays in Hillsborough County. 



-26- 

HILLSBOROUGH COUNTY - Dredge Permit No. 29-24-0114 

At the request of the applicant, the Board deferred considera- 
tion of the application of Bay Dredging and Construction 
Company to dredge dead shell from submerged lands owned by 
Tampa Port Authority in Tampa and Hillsborough Bays in 
Hillsborough County. 



-27- 

ESCAMBIA COUNTY - Request for Extension of Permit No. 253.123-397 
(November 20, 196 9) 

APPLICANT: Westinghouse Electric Corporation 
Box 791, Pensacola, Florida 32502 

PROJECT: To dredge a 200 feet x 200 feet turning basin and 

a channel 10 feet deep, 100 feet wide and 4000 feet 
long . 

LOCATION: Section 6, Township 1 South, Range 29 West, 
Escambia Bay, in Escambia County. 



STAFF 
REMARKS ; 



The applicant has been unable to proceed with the 
work authorized under this permit because of delays 
involved in obtaining the Corps of Engineers permit, 
and has requested a three months' extension of time. 

Staff recommends extension of Permit No. 253.123-397 until 
March 15, 1973, to coincide with expiration date of a valid 
Corps of Engineers permit (dredging limited by Corps to 
winter season) . 

ACTION OF THE TRUSTEES: 

Mr. Kuperberg explained that the original staff recommendation 
was made prior to a decision by the Corps of Engineers. He 
requested that the recommendation be changed because of an 
agreement between the applicant and the Corps that the dredging 
would be done in the winter time when there is minimal damage. 
To conform with the Corps' stipulation, staff recommendation was 
changed to allow extension until March 15, 197 3, to coincide 
with the expiration date of a valid Corps of Engineers permit. 

On motion by Mr. Stone, seconded by Mr. O'Malley and passed 
without objection, the Trustees approved the amended staff 
recommendation . 



November 14, 1972 



162 

-28- 

LEE COUNTY - Dredge and Fill subdivision 

The request from Palm Acres Incorporated to make a presenta- 
tion to the Board of Trustees on alleged violation by dredge 
and fill activities in the Caloosahatchee River was deferred 
for two weeks at the request of the attorney for the firm. 



On motion by Mr. Stone, seconded by Mr. O'Malley and passed 
without objection, the rules were waived for consideration 
of all the following applications that were added to the 
original agenda. 



-29- 

Without objection, the minutes of October 17 were approved as 
submitted. 



-30- 

Copies of this agency's 1973-74 budget were distributed to 
the board members for review on November 2, 1972. 

On motion by Mr. Stone, seconded by Mr. O'Malley and passed 
with Governor Askew abstaining, the Board approved the 
1973-74 Legislative Budget request to allow formal submittal 
to the Department of Administration. 



-31- 

Request for extension of the 120 day processing period. 

Processing of the following applications has not been completed. 
Additional information has been requested from the applicants 
by the Department of Pollution Control, but has not yet been 
provided by the applicants. 

1. Arvida Corporation 

File No. 58 & 41-31-0064 
Sarasota and Manatee Counties 

2. Woodside Associates 

File Nos. 50-20-0049 and 50-30-0050 
Palm Beach County 

3. Homer H. Spivey 
File No. 59-20-0062 
Seminole County 

4. Manatee County Port Authority 
File No. 41-21-0063 
Manatee County 

5. Can Do, Inc. 

File No. 16-21-0034 
Duval County 

Staff recommends a 60 day extension of the processing period 
for these applications . 

ACTION OF THE TRUSTEES : 

Motion was made by Mr. Stone and seconded by Mr. O'Malley 
to accept the staff recommendation for 60-day extension. 

Governor Askew stated that action was not required on this 
notification. He expressed appreciation for having the 
matter brought to the Board's attention and for the efforts 
of the Executive Director of the Trustees to move along very 
well under the new application processing policy. 



163 



The Governor pointed out that under the federal law, the 
Department of Pollution Control had a year to react on many 
applications and their cooperation had been very good. The 
Director added that the applicants were holding up completion 
of the processing in these cases. 



-32- 

LAKE COUNTY - Dredge and Construction Permit No. 35-30-0084 
(September 1, 1972) 

This application is on the agenda of November 14 at the request 
of the State Treasurer. 

APPLICANT: Colonial Penn Communities, Inc. 
c/o Sydney Adler 
Post Office Box 8512 
Bradenton, Florida 33507 

PROJECT: To construct a bridge across the Palatlakaha 
River and to excavate an upland area parallel 
to and adjacent to the Palatlakaha River for a 
marina site. 



LOCATION: 



MATERIAL I 



PAYMENT : 



ECOLOGICAL 
RESPONSES: 



Section 11, Township 20 South, Range 24 East, 
Palatlakaha River, Lake County. 

61,364 cubic yards from privately-owned submerged 
lands and uplands. 

Not applicable as sovereignty lands are not involved. 



Department of Natural Resources - Deferred to 
Game and Fresh Water Fish Commission. 



Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control - No objection. 

OTHERS: 1. Southwest Florida Water Management District - 
Approves construction of the bridge. 

2. Central and Southern Florida Flood Control District 
No objections. 

Staff recommends issuance of Permit No. 35-30-0084. 

ACTION OF THE TRUSTEES : 

On motion by Mr. O'Malley, seconded by Mr. Stone and passed 
without objection, the Trustees approved issuance of the 
permit. 



Before considering the applications by Deltona Corporation in 
items 33 and 34, it was agreed that while only four members 
of the Board of Trustees were present, this would not be 
disposition of land. Staff attorneys present at the meeting 
pointed out that the land conveyance in the articles of 
agreement was a conveyance from the applicant. 

Mr. Kuperberg asked that item 37 be considered before proceed- 
ing with items 33 and 34. 



November 14, 1972 



164 



-37- 

COLLIER COUNTY - Dredge-Fill Permit To Improve Upland 
No. 253.123-51, Issued June 16, 1970 
Expiration December 31, 1972. 

APPLICANT: Marco Island Development Corporation (Deltona 
Corporation) . 

LOCATION: Roberts Bay permit area, Smokehouse Creek, between 
Big Marco Island and Maynard Key, Section 20, Town- 
ship 52 South, Range 26 East, according to the Carl 
Johnson Survey. 

Field Operations Division reports that fill has been placed across 
Smokehouse Creek connecting Marco Island to Maynard Key. Permit 
drawings indicate that the area filled is an area permitted to be 
dredged. The approximate dimensions of the unauthorized fill are 
50 feet x 275 feet, 3,400 cubic yards. 

Representatives of the Trustees' Staff, Game and Fresh Water Fish 
Commission, Department of Pollution Control, and Department of 
Natural Resources met to discuss the alleged violation. The con- 
census of the representatives is to recommend that the Trustees 
request immediate removal of the unauthorized fill. 

It has also been reported by Field Operations that extensive 
excavation is taking place in Sections 26 and 35, Township 51 
South, Range 26 East, north of Unknown Bay. 

The ground elevation in this mangrove area appears close to the 
mean high water line. No development plan or topographic survey 
of the area indicating the line of mean high water has been filed 
with Trustees' Staff. 

Staff recommends that the Trustees require : 

(1) Removal of the unauthorized fill . 

(2) That a master plan of proposed development be submitted 
covering the undeveloped lands east of State Road 951 
before any further work is done in the subject area. 

ACTION OF THE TRUSTEES: 

Mr. Kuperberg said the members should be aware of two problems 
that the staff had investigated last week. One was a technical 
violation of the permit, a fill for the purpose of doing the 
authorized work, and the company had agreed to remove the fill. 

The other problem concerned an area east of Marco Island in 
an unplatted area. The company was constructing an airport 
runway with the work moving ever closer to open water - not 
a violation but heading in a direction that might become a 
violation. Mr. Kuperberg said research of the files had not 
disclosed the letter that the company claimed had been filed 
to inform the Trustees of their construction plans in this 
area, the runway in particular. 

Motion was made by Mr. Stone, seconded by Mr.- Dickinson and 
passed without objection, to approve the staff recommenda- 
tion for requiring (1) removal of the unauthorized fill and 
(2) submission of a master plan of proposed development 
covering the undeveloped lands east of State Road 951 before 
any further work is done in the subject area. 



November 14, 1972 



165 



COLLIER COUNTY 



-33 & 34- 

Dredge and Fill Permit No. 253.123-1023 
and 253.124 - Agenda Item 33 
(November 1, 1972) 



APPLICANT: Deltona Corporation ,,,„n 

Post Office Box 280, Miami, Florida 33129 

PROJECT- To dredge numerous navigation and upland canals 

and to place fill material in the areas designated 
on the sketch furnished. 

LOCATION: John Stevens Creek, Marco River and Big Key Bay, 
Sections 9, 10, 11, 12, 13, 14 and 15, Township 
26 South, Range 52 East, according to the Carl E. 
Johnson Survey. 

MATERIAL: 3,000,000 cubic yards to be removed from outside 
bulkhead line and 4,300,000 cubic yards to be 
removed from inside the bulkhead line. 

PAYMENT: None. State-owned sovereignty lands not involved. 

COLLIER COUNTY - Dredge and Fill Permit No. 253.123-1022 
and 253.124 - Agenda Item 34 
(November 1, 1972) 

APPLICANT: Deltona Corporation 

Post Office Box 280, Miami, Florida 33129 

PROJECT: To dredge numerous navigation and upland canals and 
to place fill material in the areas designated on 
the sketch furnished. 

LOCATION- Barfield Bay, Blue Hill Creek and Blue Hill Bay 
in Sections 10, 13, 14, 15, 16, 21, 22, 23 and 
24, Township 26 South, Range 52 East according to 
the Carl E. Johnson Survey. 

MATERIAL: 5,700,000 cubic yards of material to be removed 

from outside the bulkhead line and 4,200,000 cubic 
yards of material to be removed from inside the 
bulkhead line. 

PAYMENT: None. State-owned submerged lands not involved. 

ECOLOGICAL 

RESPONSES: Department of Natural Resources - This project 
(33 & 34) will have massive and permanent adverse effects 
on marine biological resources. 

Bureau of Beaches and Shores - The proposed project, 
however, proposes incredibly high canal densities 
in areas with small receiving bodies of water which 
have low velocities. The hydrographic report does 
not adequately show that the proposed work will not 
have serious detrimental effects on the area. 

Game and Fresh Water Fish Commission - The biological 
ramifications of this project are of such magnitude 
that we have no alternative other than to recommend 
against this project because of the destruction of 
biological resources that would result. 

Department of Pollution Control - Reports that appli- 
cant filed request for certification on October 13, 
1972. Review of this massive project has not yet 
been completed. 

Staff recommends execution of the Article of Agreement and issuance 
of Permit 253.124 and 253.123-1023 and Permit No. 253.124 and 
253.123-1022. 



November 14, 1972 



166 



ACTION OF THE TRUSTEES 



As items 33 and 34 were similar, Mr. Kuperberg said the staff 
comments could apply to both, that the matter had received 
a great deal of consideration by the Trustees and was approved 
in principle on October 21, 1971, subject to the necessary 
biological reports being conducted and filed under provisions 
of Chapter 253. In addition to the Department of Natural 
Resources report required under Chapter 253, the Board by 
policy decision required' comments of the Game and Fresh Water 
Fish Commission and the Department of Pollution Control. The 
Director said it was no surprise to anyone that the biological 
studies were adverse and it became a value judgment for the 
Trustees. 

Mr. Kuperberg recommended that, having considered the reports 
of the several agencies of state government concerned with 
environmental affairs, the Trustees execute the Articles of 
Agreement and issue Permit 253.124 and 253.123-1023 in agenda 
item 33, and Permit 253.124 and 253.123-1022 in agenda item 
34, which are the permits required to do the work on the main 
island of Marco Island only. 

Mr. O'Malley asked for deferral to permit him to review it 
more thoroughly and to have a full cabinet present to resolve 
a matter of such consequence. 

Governor Askew approved deferral but pointed out that as the 
time for signing the agreement had run out, there should be 
indication from Deltona on the extension of time until 
November 29. 

Mr. Jack Peeples, general counsel of • Deltona Corporation, 
said the company would grant the additional extension at the 
request of the Governor, and he would file a letter with the 
staff to that effect. He commented that at the request of the 
staff there had been two previous deferrals, that delays were 
causing very real problems, and his client would work with 
the staff to avoid further delay. 

Without objection, action was deferred until November 29, 1972, 



-35- 



POLK COUNTY - Land Exchange 



At the request of the Department of Agriculture and Consumer 
Services, the Trustees deferred consideration of a land 
exchange agreement involving 49% acres of state-owned land in 
Section 7, Township 26 South, Range 27 East, Polk County, in 
use as a citrus budwood grove. 



-36- 

DADE COUNTY - Interama Authority and Dade County 

REQUEST: Approval of the Board of Trustees under Section 
554.33, Florida Statutes, of conveyances from 
Interama to Dade County. 

Dade County and the Interama Authority seek an affirmative 
answer to the following questions or, in the alternative, 
approval of the Trustees in the event the answer is in the 
negative. 

Is a conveyance of lands from Interama to Dade County consistent 
with the development of a cultural and trade center as contem- 
plated by Section 554.33, F. S. , as amended by Chapter 72-121, 
Laws of Florida, where the proposed conveyance is: 

(a) Three acres for the establishment of a police 
substation and a fire substation? (Exhibit B) 



November 14, 1972 



167 



(b) Eighty acres for the establishment of an 
environmental control facility? (Exhibit C) 

(c) Four hundred acres (more or less) in satisfaction 
of obligations incurred by Dade County resulting 
from the guaranty of the payment of twelve million 
dollars in revenue bonds to be issued by Interama? 

(Exhibit D) 

(Your attention is called to memorandum of November 10, 
1972, as attached, and marked Exhibit A.) 

STAFF RECOMMENDS : 

(1) Approval of the conveyance for police and fire 
substations. There is no question of inconsistency, 
however, Dade County and Interama request approval 
in the event of objections. 

(2) Approval of the conveyance for the establishment of 
the environmental control facility. In the absence 
of sufficient information the establishment of a 
sewer treatment facility in that area is inconsistent 
with the development of a cultural and trade center. 
However, staff is of the opinion that the overriding 
public interest will be served by such a facility 

to service Interama and North Dade County. 

(3) Disapproval of the corporation agreement in its 
present form. There are numerous public purposes 
more obnoxious than the use contemplated in item (b) 
without the overriding public need for their location 
in the area of Interama. In the absence of agreement 
to limit the usages which Dade County might make of 
land required, there is no protection against 
obnoxious public uses. If a list of potential uses 
is agreed upon and all are acceptable to the 
Trustees pursuant to the responsibility imposed 

upon them by Chapter 72-121, then the objections 
stated herein would not be applicable. 

ACTION OF THE TRUSTEES : 

Only four members were present and it was agreed that it 
would be desirable to have the full membership. Staff legal 
counsel was called on and Mr. Sherman Weiss advised that while 
the Trustees are required to approve the conveyance, title 
was held by Interama and there was no legal impediment to 
proceeding with a majority of the board present. 

Dr. Elton J. Gissendanner explained that they thought the 
matter of consistency had been settled by the amendments to 
Chapter 554 passed by the Legislature, but because there was 
a difference of legal interpretation between Interama ' s 
counsel, the county attorney and the Trustees' attorney, the 
Interama Authority and Dade County were requesting approval 
by the Trustees. He indicated that delay would be a hardship. 

Taking up the staff recommendations separately, motion was 
made by Mr. Stone, seconded by Mr. Dickinson and passed without 
objection, to approve conveyance of three acres for police 
and fire substation. 

On the second recommendation, motion was made by Mr. Dickinson, 
seconded by Mr. O'Malley and passed, with Mr. Stone voting 
"No", that the Trustees approve the conveyance for the estab- 
lishment of a sewer treatment facility. 

Mr. O'Malley expressed some reluctance to using this location 
for a sewage treatment plant, but noted the staff had recommended 
it because of overriding public interest and Dade County had made 
the necessary determination. Mr. Kuperberg responded that the 
staff was concerned but was convinced that there was no other 
satisfactory site and this advanced type, closed facility would 
not be as offensive as traditional sewage treatment plants. 



November 14, 1972 



168 



Mr. Stone questioned the site selection and felt there was 
no immediate urgency, as the county planned to study the site 
and the entire master plan for six months. 

Dr. Gissendanner responded that the people in the area had 
accepted the site, that Florida International University and 
Interama needed it, that the plant there now had to be rebuilt 
and this was the only logical plan. 

Mr. Dickinson said there must be facilities incident to the 
needs, the county had done excellent planning, and he endorsed 
it. 

On a vote of three to one, the Trustees approved the conveyance 
for the establishment of an environmental control facility. 

Addressing himself to the corporation agreement disapproved 
by the staff, Dr. Gissendanner discussed Interama in general, 
the financing and safeguards, and asked the Trustees to have 
confidence in the local officials. He felt that the staff 
objections were intended to protect the Trustees, but said 
that protection lies with the representatives of Dade County 
and Metro Commission and the agreement was now the heart of 
the project. 

Commenting that he recognized the validity of the staff intent 
in recommending disapproval, Mr. O'Malley felt that Dr. Gissen- 
danner ' s presentation had adequately overridden the objections 
and the Treasurer made a motion to approve the request, seconded 
by Mr. Stone who did express some concern but noted that if the 
project does not succeed the land would revert to Dade County 
and might become a very lovely park. 

Governor Askew saw no need to itemize the prohibitions of 
public purposes , feeling that in the event Interama does not 
succeed the Dade County officials who were charged with 
making the decisions on use of the land would be just as 
sensitive to public needs as the Trustees. 

The Governor noted that the motion was to disapprove the staff 
recommendation of the third item, and called for an affirm- 
ative motion. 

A substitute motion was made by Mr. O'Malley, seconded by 
Mr. Dickinson and passed without objection, to approve the 
applicant's request for approval by the Trustees of the 
corporation agreement in its present form. 



The Executive Director distributed to the members copies 
of a status report of permit applications received since 
July 5, 1972, under the new processing policy. 



On motion duly adopted, the meeting was adjourned. 




GOVERNOR - CHAIRMAN 



ATTEST: 




November 14, 1972 



169 



Tallahassee, Florida 
November 29, 1972 

The Board of Trustees of the Internal Improvement Trust Fund 
met on this date in the Haydon Burns Auditorium with the 
following members present: 

Reubin O'D. Askew Governor 

Richard (Dick) Stone Secretary of State 

Robert L. Shevin Attorney General 

Fred 0. Dickinson, Jr. Comptroller 

Floyd T. Christian Commissioner of Education 



Joel Kuperberg Executive Director 



Action taken by the Board at the meeting was pursuant to 
unanimous vote of the members present, unless the contrary 
is specifically reflected in the minutes. 



On motion by Mr. Christian, seconded by Mr. Shevin and adopted 
without objection, the rules were waived for consideration of 
all the applications added to the original agenda for this date 
and addendum item 25 was taken up out of order in deference to 
Senator Alan Trask whose presence was acknowledged by the 
Governor . 



-25- 



POLK COUNTY - Land Exchange 



Request consideration of an agreement to exchange a tract 
containing 49^ acres in use by the Department of Agriculture 
and Consumer Services as a citrus budwood grove, for suitable 
property together with improvements of equal or greater value 
which will allow continuation and expansion of the budwood 
program. 

Under the terms of the agreement the 49% acres in Section 7, Township 
26 South, Range 27 East, Polk County, will be exhcanged for other 
land selected by the Department. The appraisal of the 49Js-acre tract of 
land has been reviewed and approved by the staff appraiser. 

The Department of Agriculture and Consumer Services recommends the 
agreement to exchange as being in the public interest. 

The staff recommends in principle the proposed land exchange . 

ACTION OF THE TRUSTEES : 

Mr. Kuperberg said additional information had been received 
on this item that was deferred two weeks ago, and the staff 
recommended the proposed land exchange subject to the agree- 
ment which had been circulated to each member's office. 

On motion by Mr. Stone, seconded by Mr. Shevin and passed 
without objection, the Trustees approved the proposed land 
exchange as recommended and the agreement to exchange was 
executed. 



-1- 
The Board deferred approval of the minutes of November 14, 1972, 



November 29, 1972 



170 



-2- 



Extension of the application processing period was approved 
at a previous meeting on November 14. 



-3- 

ALACHUA COUNTY - Road Right of Way Easement 
(August 23, 1972) 

APPLICANT: Board of County Commissioners of Alachua County 
Gainesville, Florida 

REQUEST: Easement for public road purposes 

LOCATION: North 40 feet of west 26.625 chains of Lots 1 
and 2, less west 50 feet in Section 9, all in 
Township 10 South, Range 19 East, Alachua County. 

Alachua County by resolution adopted June 20, 1972, 
requests an easement across the 'parcel occupied 
and in use as the radio transmitter station of 
WRUF west of Interstate 75 for construction of SW 
Eighth Avenue. The county has agreed to convey 
to the state a 2.75-acre parcel of land contiguous 
to the western boundary of the University campus. 
This parcel is presently being used for a borrow 
pit and sanitary land fill. 

The Facilities Committeee of the Board of Regents 
did on August 9, 1972, approve issuance of the 
requested easement. 

Recommend issuance of the easement to the Board of County 
Commissioners of Alachua County for public road purposes. 

ACTION OF THE TRUSTEES : 

On motion by Mr. Stone, seconded by Mr. Dickinson and passed 
without objection, the Trustees approved issuance of the 
easement to the Board of County Commissioners of Alachua County 
for public road purposes. 



-4- 

COLLIER COUNTY - Fill Permit No. 11-12-0093 
(July 28, 1972) 

APPLICANT: Old Marco Apartments, Inc. 
Raymond W. Miller, P. E. 
Wilson, Miller, Barton, Soil, Inc. 
Post Office Box 1468, Naples, Florida 33940 



PROJECT : 

LOCATION ; 

MATERIAL : 
PAYMENT : 



To place riprap along the outside of an existing 
seawall to protect the seawall from erosion. 

Section 5, Township 52 South, Range 26 East, 
Big Marco Pass, Collier County. 

Not applicable. 

Not applicable. 



STAFF REMARKS: Field Operations - No objections. 

ECOLOGICAL 

RESPONSES: Department of Natural Resources - Placing riprap 

around the existing seawall should have only limited 
and temporary adverse effects on marine biological 
resources . 



November 29, 1972 



171 



Game and Fresh Water Fish Commission - No objection, 
Department of Pollution Control - No objection. 

Staff recommends issuance of Permit No. 11-12-0093. 

ACTION OF THE TRUSTEES : 

On motion by Mr. Dickinson, seconded by Mr. Stone and passed 
without objection, the Trustees approved issuance of the fill 
permit. 



DADE COUNTY 



-5- 

Construction Permit No. CP-2196 and 
Marina License ML-132 
(May 3, 1972) 



APPLICANT: Allen Bliss 

3564 Crystal Court, Miami, Florida 33133 

PROJECT: To construct a docking facility containing 1,280 
square feet of submerged land in Biscayne Bay 
abutting Section 39, Township 54 South, Range 
41 East, Dade County. 

LOCATION: Section 39, Township 54 South, Range 41 East, 
Dade County. 



MATERIAL : 
PAYMENT : 



STAFF 
REMARKS : 



None. 

$100 minimum annual fee received. 

Field Operations Division - No objection, 



ECOLOGICAL 

RESPONSES: Department of Natural Resources - No objection. 

Game and Fresh Water Fish Commission - No objection, 

Department of Pollution Control - No objection. 

Staff recommends issuance of Construction Permit No. CP-2196 
and Marina License ML-132. 



ATION OF THE TRUSTEES : 



On motion by Mr. Stone, seconded by Mr. Dickinson and passed 
without objection, the construction permit and marina license 
were approved . 



-6- 

FRANKLIN COUNTY - Artificial Reef Permit No. 253.03-309 
(November 5, 1971) 

APPLICANT: Carrabelle Chamber of Commerce 
c/o Mr. L. E. Squires 
Post Office Drawer DD 
Carrabelle, Florida 32322 

PROJECT: To construct an artificial reef at Latitude 29 

degrees, 48 minutes North and Longitude 84 degrees, 
38 minutes west. 

LOCATION: St. George Sound at Dog Island, Franklin County. 

MATERIAL: 1,500-2,000 automobile tires. 



November 29, 1972 



172 



PAYMENT : 



None. 



STAFF 

REMARKS: Field Operations - No objections. 

ECOLOGICAL 

RESPONSES: Department of Natural Resources - Construction of 
this artificial reef should provide useful habitat 
for marine life without interference with commercial 
fishing operations. 

Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control - No objection. 

Note: Water depth at the reef site is approximately 
2 0-25 feet mean low water and the reef will be 
constructed to a height of 3 feet above the 
natural bottom. 

Staff recommends issuance of Artificial Reef Permit 253.03-309. 

ACTION OF THE TRUSTEES: 

The Director requested the correction of the word "nautical" 
to "natural" in the agenda. 

On motion by Mr. Dickinson, seconded by Messrs. Stone and 
Christian, and passed without objection, the Trustees approved 
issuance of the artificial reef permit to the Carrabelle 
Chamber of Commerce. 



-7- 

MONROE COUNTY - Assignment Fish Camp Lease No. 735A 

APPLICANT: Saul Jack Statham and Alice Margaret Statham 
c/b/a Alabama Jack's Fishing Camp 
Post Office Box 661 
Homestead, Florida 33030 



PROJECT : 



LOCATION: 



MATERIAL ; 
PAYMENT : 



Saul Jack Statham and Alice Margaret Statham 
request assignment of Lease No. 7 35A to Howard J. 
Jacobs and Betty Karen Jacobs, his wife, c/o 
Robert W. Shaughnessy, 9730 Hibiscus Street, 
Perrine, Florida. 

0.930 acre, more or less, in the Southwest Quarter 
of Fractional Section 18, Township 59 South, Range 
4 East, Monroe County. 

Not applicable. 

$30 per month 



STAFF 
REMARKS; 



Instrument of assignment and acceptance of terms 
have been approved by staff legal counsel. 

Applicants have tendered $25 assignment fee in 
accordance with the Trustees' policy of December 1, 
1970. 



ECOLOGICAL 

RESPONSES: Not applicable. 

Staff recommends approval of Assignment of Lease No. 7 35A. 

ACTION OF THE TRUSTEES : 

On motion by Mr. Stone, seconded by Mr. Dickinson and 
passed without objection, the Trustees approved assignment 
of Lease No. 735A as requested. 



November 29, 1972 



173 



-8- 

PALM BEACH COUNTY - Construction Permit & Marina License 
No. 50-30-0227 
(July 7, 1972) 

APPLICANT: Palm Beach Yachting Association 
Post Office Box 1911 
West Palm Beach, Florida 33402 



PROJECT : 

LOCATION: 

MATERIAL : 

PAYMENT : 

STAFF 
REMARKS: 



To construct a wave control pier and parking lot 
extension. 

Section 15, Township 43 South, Range 43 East, 
Lake Worth, Palm Beach County. 

Not applicable. 

$100 minimum annual fee received. 



Field Operations - No objections provided runoff 
from the parking facility is returned to the 
uplands and not allowed to flow into natural waters. 



ECOLOGICAL 

RESPONSES: Department of Natural Resources - No objection. 

Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control - No objection. 

OTHERS: 1. Area Planning Board of Palm Beach County - 
No objection. 

2. Port of Palm Beach - No objection. 

Staff recommends issuance of Construction Permit and Marina 
License No. 50-30-0227 . 

ACTION OF THE TRUSTEES: 

Mr. Kuperberg said the problem of water run-off was being worked 
out with the applicant. 

On motion by Mr. Dickinson, seconded by Mr. Stone and passed 
without objection, the Trustees approved issuance of the 
construction permit and marina license. 



-9- 

PASCO COUNTY - Dredge and Fill Permit No. 24663(774-51)- 
253.124 
(June 19, 1972) 

APPLICANT: Block "M" Incorporated 

Route 4, Box 1908A, Hudson, Florida 33568 

PROJECT: Dredge and fill submerged lands previously conveyed 
under Deed No. 24663(774-51) dated August 18, 1967. 

On July 18, 1972, the Board of Trustees extended 
this permit for 6 days and again on September 6, 
1972, the Board extended this permit until October 22, 
1972. 

On October 17, 1972, the Board extended this permit 
for another 6 days. 

LOCATION: Section 33, Township 24 South, Range 16 East, 
Pasco County. 

MATERIAL: 87,000 cubic yards to be excavated from privately 
owned submerged land. 



November 29, 1972 



174 



PAYMENT : 



None. State owned submerged lands not involved. 



STAFF 

REMARKS: The Board of Trustees in meeting on July 22, 1969. 
approved the permit issued by Pasco County to 
Block "M" Incorporated, a non-profit corporation, 
to dredge and fill submerged land previously 
conveyed by the Board . 

ECOLOGICAL 

RESPONSES: Department of Natural Resources - The proposed 
dredging and filling of 12% acres of grassy 
submerged lands would have significant adverse 
effects on marine biological resources. 



Game and Fresh Water Fish Commission 
denial. 



Recommends 



Department of Pollution Control - Advised that 
comments would be submitted in lieu of issuing 
certification and suggested modifications for the 
project. The applicant has advised that these 
modifications are unacceptable. 

Staff recommends that Permit No. 24663 (774-51) -253 . 124 be 
e xtended for one year from the date of the U. S. Army Corps 
"of Engineers permit. In no event shall the permit be valid 
beyond December 31, 197 5. Further, staff recommends that the 
d epths in the proposed canals shall be limited to -5 feet, 
mean low water, and that all additional material needed shall 
be hauled in from upland sources. Turbidity curtains shall 
be used to prevent or minimize siltation of surrounding areas. 

ACTION OF THE TRUSTEES : 

Mr. Kuperberg stated that this was the staff recommendation 
for resolving an old problem that had been explained in detail 
when the applicant requested a hearing at a previous meeting. 

On motion by Mr. Dickinson, seconded by Mr. Christian and passed 
without objection, the staff recommendation was approved as the 
action of the Trustees. 



-10- 

POLK COUNTY - Construction Permit No. 53-30-0222 and 
Renewal of Marina License No. ML-43A 
(October 30, 1972) 

APPLICANT: Lake Development Company 
c/o Nelson Steiner 
8800 Sheldon Road, Tampa, Florida 33615 

PROJECT: To renew ML-43A for one year and to construct one 

additional dock at an existing marina in Lake Gibson. 
The area of water column occupied by this addition 
is 384 square feet. 

LOCATION: Section 25, Township 27 South, Range 23 East, 
Polk County. 

MATERIAL : None . 

PAYMENT: $100 annual fee received. 



STAFF 
REMARKS : 



Field Operations - No objections. 



ECOLOGICAL 
RESPONSES: 



Department of Natural Resources - Deferred to 
Game and Fresh Water Fish Commission. 



November 29, 1972 



175 



Game and Fresh Water Fish Commission - No objection. 
Department of Pollution Control - No objection. 

Staff recommends issuance of Construction Permit No. 53-30-0222 
and renewal of ML-4 3A for one year . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Dickinson, seconded by Mr. Stone and passed 
without objection, the Trustees approved issuance of construction 
permit and renewal of the marina license for one year. 



-11- 

ST. LUCIE COUNTY - Marina License Permit No. ML-148 
(June 6, 1972) 

APPLICANT: Outdoor Resorts of America 

c/o Mac Martin, Jr., G. W. Marti?, Inc. 
201 North Federal Highway, Suite 107 
Deerfield Beach, Florida 33441 

PROJECT: To correct scriveners error in description of 
marina area to be occupied from 30,550 square 
feet to 30,994 square feet. 

LOCATION: Section 3, Township 3 7 South, Range 41 East, 
St. Lucie County. 

MATERIAL: None. 

PAYMENT: $611 previously submitted for 30,550 sq. ft. and an 
additional $8.88 received for additional 444 sq. ft. 

STAFF 

REMARKS: Field Operations - Not applicable 

ECOLOGICAL 

RESPONSES: Not applicable. 

Staff recommends approval of change in description of marina area , 

ACTION OF THE TRUSTEES: 

On motion by Mr. Dickinson, seconded by Mr. Christian and passed 
without objection, the Trustees approved the change in the 
description of the marina area as requested. 



-12- 

WALTON COUNTY - Construction Permit No. 66-30-0096 
(August 14, 1972) 

APPLICANT: Lawrence S. Dull 

Route 1, Box 191H, Freeport, Florida 32439 

PROJECT: To construct a boat ramp and dock. 

LOCATION: Section 27, Township 1 South, Range 19 West, 
LaGrange Bayou, Walton County. 

MATERIAL AND PAYMENT: Not applicable 

STAFF REMARKS: Field Operations - No objections. 

ECOLOGICAL RESPONSES: Department of Natural Resources - No 
objection. 

Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control - No objection. 

Staff recommends issuance of Construction Permit 66-30-0096. 



November 29, 1973 



176 



ACTION OF THE TRUSTEES 



On motion by Mr. Christian, seconded by Mr. Dickinson and 
passed without objection, the Trustees approved issuance of 
the construction permit. 



-13- 

MARINA LICENSE RENEWALS 

The required annual fees for renewal of the following marina 
licenses have been submitted. 

Staff recommends renewal of each marina license for one year 
at the fee indicated. 

Marina Licensee Annual Fee 

License 

1. ML-4 Bill's Sailfish Marina, c/o William 

Bachstet, 98 - 104 Lake Drive, Palm 

Beach Shores, Riviera Beach, Florida 

33404, Palm Beach County 

(October 18, 1972) $ 255.00 

2. ML-5 Sailfish Club of Florida, North 

Lake Trail, Palm Beach, Florida 33480 

Section 3, Township 43 South, Range 

43 East, Lake Worth, Palm Beach County 

(October 30, 1972) $1,896.30 

3. ML-6 Sunbeam Television Corporation 

1401 - 78 Street Causeway, Miami, 
Florida 33138, Section 9, Township 53 
South, Range 42 East, Biscayne Bay, 
Dade County 
(October 24, 1972) $ 100.00 

4. ML-7 Ronald Sinn, 2308 Avenue A, Riviera 

Beach, Florida, Section 28, Township 
42 South, Range 43 East, Lake Worth, 
Palm Beach County 
(October 30, 1972) $ 128.69 

5. ML-17 City of Daytona Beach, Post Office 

Box 551, Daytona Beach, Florida, 

Section 39, Township 15 South, 

Range 3 3 East, Volusia County 

(October 19, 1972) Fee waived 

6. ML-32 Sailfish Marina, Inc., c/o Arnon 

T. Ives, 2675 South St. Lucie 

Boulevard, Stuart, Florida 33494 

Manatee Pocket of Indian River 

abutting uplands in the Hanson Grant 

near Port Salerno, Martin County 

(September 1, 1972) $ 752.00 

7. ML-44 Atlantic Drydock Corporation, Post 

Office Box 276, Fort George Island, 

Florida 32226, Section 26, Township 

1 South, Range 2 8 East, Duval County 

(October 24, 1972) $ 185.60 

8. ML-45 Madeira Garden Apartments, Inc. 

c/o Hilborn, Werner, Carter & Associates 
1630 South Myrtle Avenue, Clearwater, 
Florida 33576, Sections 3 and 4, 
Township 31 South, Range 15 East, Boca 
Ciega Bay, Pinellas County 
(October 31, 1972) $ 100.00 



November 29, 1972 



177 



9. ML-74 Department of Natural Resources, 

Division of Recreation and Parks 

Larson Building, Tallahassee, Section 

20, Township 2 8 South, Range 15 East, 

St. Joseph Sound at Caladesi Island 

State Park, Pinellas County 

(October 30, 1972) Fee waived 

10. ML-75A General Development Corporation 

111 South Bayshore Drive, Miami, 
Florida 33131, Section 23, Township 37 
South, Range 40 East, St. Lucie County 
(October 25, 1972) $4,693.32 

11. ML-7 6 Sanford Boat Works and Marina, Inc. 

c/o G. Andrew Speer , Post Office 

Box 698, Sanford, Florida 32771, Section 

27, Township 19 South, Range 31 East, 

Seminole County 

(October 24, 1972) $ 251.34 

12. ML- 81 R. E. J. Investments, Inc. 

c/o Auto Marine Engineers, Inc. 
3464 NW North River Drive, Miami, 
Florida 33142, Section 1, Township 
54 South, Range 41 East, Miami River, 
Dade County 
(October 19, 1972) $ 100.00 

13. ML-90 Lauderdale Yacht Basin, Inc. 

2000 Southwest 20 Street, Fort 
Lauderdale, Florida 33315, Section 16, 
Township 50 South, Range 42 East, South 
Fork of New River , Broward County 
(October 30, 1972) $ 296.40 

14. ML-98 Marlborough, Inc., Post Office Box 

1427, LaGrange, Georgia 30240 

Township 2 South, Range 23 West, East 

Pass Lagoon, Okaloosa County 

(October 26, 1972) $ 572.34 

ACTION OF THE TRUSTEES: 

Mr. Christian made a motion, seconded by Messrs. Stone and 
Dickinson, to approve the renewals. 

Mr. Shevin recalled that some time ago he had suggested review 
and increase of the current charge of two cents per square foot 
for lease of the water column. He suggested deferral as the 
staff would have new rules and regulations ready by about 
January, that would afford more revenue in these areas. He 
noted that some had already expired and the Director explained 
that each applicant had submitted a check in payment for a 
year's renewal, and each lease, if approved, would issue as 
of the date the old lease term ended. 

Mr. Christian did not think a change should be made retroactive 

and that these renewals should be approved before adoption 

of new rules. Mr. Shevin agreed that they might proceed with 

the renewal op the agenda, but the board should extract a reasonable 

charge from everyone. 

The Governor agreed that the fee should be revised to a more 
realistic amount and definitive recommendation should be 
presented as soon as possible so that in the next year approvals 
would be based on updated amounts. 

Without objection, the motion by Mr. Chrstian to approve the 
renewals listed on the agenda was approved. 



November 29, 1972 



178 



-14- 

LEE COUNTY - Dredge Permit No. 253.123-1018 
(April 27, 1972) 

APPLICANT: Charles C. Bundschu, Jr. 

1550 Carson Street, Ft. Myers, Florida 33902 

PROJECT: To dredge a boat channel of 50 feet bottom width 

and -5 feet depth to provide access to upland boat 
facilities and canals. 

LOCATION: Pine Island, Section 30, Township 43 South, Range 
22 East, Lee County. 

MATERIAL: 1,200 cubic yards of material to be removed. 

PAYMENT: The applicant proposes to deed 6.4 acres of land 

to the Trustees as payment for the material removed 
from state-owned bottom lands . 



STAFF 
REMARKS : 



No objection to proposed project 



ECOLOGICAL 
RESPONSES : 



OTHERS : 



Department of Natural Resources - Application has 
been modified as suggested by this department. 
Dredging should be by dragline with precautions 
to prevent filling. 

Game and Fresh Water Fish Commission - Recommends 
that applicant limit development to the area above 
the mean high water line and concurs with Depart- 
ment of Natural Resources proposed relocation of 
the access canal. Suggests planting mangroves 
along the canals. 

Department of Pollution Control - No objection. 

Board of County Commissioners of Lee County 
authorized construction permit. 



Staff recommends issuance of Permit No. 253.123-1018 upon 
receipt of special warranty deed and subject to stipulations 
of the environmental agencies. This includes the proposal 
to plant mangroves agreed upon by the applicant and the 
Game and Fresh Water Fish Commission . 

ACTION OF THE TRUSTEES : 

There was added to the recommendation the following: "This 
includes the proposal to plant mangroves agreed upon by the 
applicant and the Game and Fresh Water Fish Commission." 

On motion by Mr. Christian, seconded by Mr. Stone and passed 
without objection, the amended staff recommendation was 
approved. 



Secretary of State Stone suggested that consideration be given 
to use of Trustees. funds for planting mangroves and marsh grass 
on state-owned lands that may have been damaged. The Director 
responded that he favored such projects and the staff encouraged 
that work in relation to permit applications, but the direct 
responsibility was probably within the Department of Natural 
Resources . 

The Governor asked for a status report on the matter. 



November 29, 1972 



179 



-23- 

ST. JOHNS COUNTY - Bulkhead Line 

(February 1, 1972 



APPLICANT 



PROJECT : 



LOCATION. 

MATERIAL 

PAYMENT : 

STAFF 
REMARKS : 



Florida School for the Deaf and the Blind 

Post Office Box 1209 

St. Augustine, Florida 32084 

To establish a bulkhead line adopted by 
St. Johns County by Resolution No. 2242 dated 
January 10, 1972, encompassing 18.7 acres of 
marsh and submerged land. 

Section 7, Township 7 South, Range 30 East, 
Hospital Creek, St. Johns County. 

Not applicable. 

Not applicable. 



Field Operations recommends denial; suggests 
bulkhead line should be at mean high water. 



ECOLOGICAL 

RESPONSES: Department of Natural Resources - The establishment 
of this proposed bulkhead line and filling behind 
it will have adverse effects on marine biological 
resources . 

Game and Fresh Water Fish Commission - Concurs 
with Department of Natural Resources report. 

Department of Pollution Control - Would not object 
to establishment of a bulkhead line at or above 
mean high water line. 

OTHERS: 1. Interagency Advisory Committeee recommended that 
bulkhead lines along these scenic rivers and 
productive marshes should be set at the line of 
mean high water line. 

2. State environmental agencies recognize the desire 
for expansion of the school's recreational area. 
Meetings between school and state agencies, both 
in Tallahassee and at the project site, failed to 
produce any modification of the project that would 
mitigate the significant damage to marine biological 
resources . 

3. Staff realizes that continued expansion of this 
program will require additional land and will ultimately 
require relocation to another area to provide for future 
needs of this program. Staff feels that the future needs 
site should be found now to take care of immediate as 
well as future anticipated needs, thus preserving the 
18.7 acres of productive lands. 

Staff recommends denial of the bulkhead line application and that 
the Trustees authorize staff to assist in locating an alternate 
state lands site for the proposed recreation area and future space 
needs '. 

ACTION OF THE TRUSTEES: 

This application was taken out of order due to the presence 
of Representative A. H. Craig of St. Augustine and other 
interested parties. 

Mr. Kuperberg said the bulkhead line request had been studied 
on the site, that permit to dredge and fill will follow and 
he did not think that 18 acres of productive marsh and shallow 
water area should be developed but that another site might be 
found for this school unit. 



November 29, 1972 



180 



Commissioner of Education Christian pointed out the efforts 
for several years to improve this area for activities of the 
special students, the previous board approval, and that great 
delay, difficulty and expense would be encountered in trying 
to locate another site. 

Mr. Dickinson, concurring with Commissioner Christian, said 
there was no denying the adverse biological aspects but there 
were extenuating circumstances here that the board might well 
consider. 

Mr. Shevin suggested that action on the bulkhead line be 
withheld pending efforts to find some alternate site. 

The Governor commented that relocation might be outside the 
province of the Trustees, that obviously this board had shown 
a tremendous concern regarding dredging and understood why 
the Director recommended against it, that obviously this 
project could not be justified environmentally but it might 
be an exception, a balancing of the equities. 

Mr. Stone indicated that he would approve the bulkhead line 
provided that when a dredge permit is requested it can be 
shown there was a diligent effort for alternatives to filling. 
Mr. Christian responded that there had been intensive study 
of the needs of the deaf and blind children and sites were 
needed for housing many other deaf and blind school facilities. 

Mr. Dexter Douglass, attorney, Chairman of the Board of Trustees 
of the Florida School for the Deaf and Blind, pointed out the 
legislative authorization in 1968 for this improvement on land 
purchased from private individuals, that the law provides for 
this school to be in St. Johns County and he objected to a 
suggestion to relocate, that other property in the area was 
not available because of high cost, and the work was the last 
phase of this campus. 

On the basis that there are no alternatives, Mr. Shevin made 
a motion, seconded by Messrs. Dickinson and Christian and 
passed unanimously, to approve the bulkhead line as adopted 
by the Board of County Commissioners of St. Johns County in 
Resolution No. 2242. 



-15- 

PINELLAS COUNTY - Dredge Permit No. 253.123-1175 
(July 21, 1972) 

APPLICANT: Indian Springs Development Corp. 
c/o George Mallory 
Post Office Box 717, Clearwater, Florida 

PROJECT: To dredge a 200-foot diameter boat basin with a 100- 
foot wide access channel. 

LOCATION: Sections 12 and 13, Township 30 South, Range 14 East 
and Section 7, Township 30 South, Range 15 East, 
Pinellas County. 

MATERIAL: 3,000 cubic yards of material to be removed from 
sovereignty land. 

PAYMENT: $3,000 received as payment for fill to be removed from 
sovereignty land. 

STAFF REMARKS: Field Operations - No objection. 

ECOLOGICAL 

RESPONSES: Department of Natural Resources - No objection. 



November 29, 1972 



OTHERS 



181 



Game and Fresh Water Fish Commission - Since the boat 
basin and navigation canal destroy valuable habitat 
we recommend rejection of the permit because of bio- 
logical damage which would occur. 

Department of Pollution Control - No objection. 

Pinellas County Water and Navigation Control Authority 
issued Permit No. DO-28. 



Staff recommends issuance of Permit No. 253.123-1175 . 
ACTION OF THE TRUSTEES: 

Mr. Kuperberg explained that because of a change in the 
plan, only 3,000 cubic yards would be, removed and $3,000 
was received in payment for the fill material. 

Motion was made by Mr. Christian, seconded by Mr. Dickinson 
and Mr. Stone, and passed without objection, approving the 
amended application for dredge permit. 



-16- 

A Request To Be Heard 

LEE COUNTY - Alleged Violation 

Palm Acres Incorporated ,,„,, 

Post Office Box 3176, North Fort Myers, Florida 33933 

PROJECT - Dredge and fill subdivision 

LOCATION - Caloosahatchee River - Section 34, Township 45 
South, Range 23 East, Lee County. 

STAFF 

REMARKS - Palm Acres Incorporated has apparently engaged 
in unauthorized dredge and fill activities. Field Operations 
is currently conducting surveys to determine the extent of any 
unauthorized activity. A preliminary conference has been held 
between Palm Acres Incorporated and the Trustees' staff. Palm 
Acres Incorporated has requested to be allowed to make a presenta- 
tion to the Board of Trustees. 

ACTION OF THE TRUSTEES: 

Mr. Kuperberg stated that Attorney Jack Rice, representing 
Palm Acres, Incorporated, requested a hearing (postponed on 
November 14) but the staff needed additional survey data on 
this area as a basis for a recommendation to the Board on a 
matter negotiated for over a year and on which a staff proposal 
for settlement was previously made and rejected by the firm. 
Operations had been stopped by the staff because the start 
believed there should be a permit. 

Governor Askew said the matter would be heard, but when the 
Director is not prepared to make a recommendation there 
should be a waiver of the rules for a subject to be placed 
on the agenda and that procedure should be followed in the 
future . 

Mr. Jack Rice of Miami said he represented Shell Point Village, 
constructed by the Christian Missionary Alliance, and primarily 
Palm Acres, the corporation presently before the Board, that 
work commenced in 1965 has been a continuous operation within 
the bulkhead line on submerged land purchased many years 
ago for the purpose of using it as fill material, the plat 
was approved by Lee County, title opinion was obtained and 
furnished to the staff, and the firm's engineer reported it 
was not necessary to obtain a permit. Mr. Rice indicated on a 
map finger fills developed and lots sold. He said his clients 
objected to paying $25,000 for material removed from their 



November 29, 1972 



182 



own land and felt that an ecological study should be made 
before they were required to construct two flood gates. 

In response to Mr. Shevin ' s question of corporate status and 
compliance with law, it was stated that the firm 
was properly incorporated as far as he knew. Mr. Rice said 
he was sure any problem would be worked out, that they were 
here for direction in order to be able to continue work on 
lots sold but not now usable. 

Mr. Stone felt that all that might be done today was to ask 
the staff to speed up negotiation efforts. The Director advised 
that when the survey was completed in about two months a staff 
recommendation would be presented. He asked that the minutes 
reflect the staff's position. 

Mr. Kenneth G. Oertel, Trustees' Chief Counsel, said his 
understanding of the case was that the dredging and filling 
was in violation of state and federal law, that finger-fills 
were dredged in navigable waters without state or federal 
permits, negotiations had broken down without reaching a 
termination, and the state and Corps of Engineers ordered the 
work stopped. 

Governor Askew expressed the consensus of the board members 
that the matter should be brought to a conclusion, hopefully 
within the next sixty days , and a recommendation made to the 
Trustees as to some type of dispostion. 



-17- 

On motion by Mr. Stone, passed without objection, the 
minutes of October 31, 1972, were approved. 



-18- 



OKALOOSA COUNTY 



Murphy Act Land Sale (Hardship Act) 
(October 4, 1972) 



APPLICANT: 



W. 0. Bowden and Mary Lee Bowden 
Route 1, Crestview, Florida 



REPRESENTED 

BY: Cecil L. Anchors, Clerk Circuit Court, 
Okaloosa County, Florida. 

REQUEST: Application under Section 197.355, Florida Statutes, 

Chapter 28317, Acts of 1953 (Hardship Act), to purchase 
land described as follows: NW% of NE% of SW% and NW^ 
of SE% of SW%, Section 2, Township 3 North, Range 22 
West, Okaloosa County, Florida, embraced in Tax Sale 
Certificate No. 40 of July 1, 1929, in the amount of 
$3.22 prorated. 

OFFER: $200 for this land, which is $10 per acre for the 

20 acres of land. The 1932 assessed value was $50. 



STAFF 
REMARKS : 



Section 197.355, Florida Statutes, provides that the 
Board may convey the interest of the State to the owner 
in 193 9, or those claiming by, through or under that 
owner, for such consideration as the Board shall deem 
equitable and proper without advertisement and public 
sale. 

There has been deposited with the Clerk of the Circuit 
Court of Okaloosa County an amount equal to the sum 
of all state, county taxes and assessments due to the 
date of the application. 

This tax sale certificate was overlooked by the then 
Clerk of the Circuit Court when an attempt was made to 
pay all outstanding taxes. 



November 29, 1972 



183 



The applicants claim by, through or under the former 
owner by virtue of a conveyance. 

The applicant qualifies under the so-called "Hardship 
Act". 

Recommend conveying the interest of the State of Florida in this 
parcel of land to W. 0. Bowden and Mary Lee Bowden for not less 
than $10 per acre or $200 following established policy . 

ACTION OF THE TRUSTEES : 

On motion by Mr. Stone, seconded by Mr. Christian and passed 
with an affirmative vote of five, the staff recommendation 
was approved as the action of the Trustees on this Hardship 
Act sale of Murphy Act land. 



-19- 

WAKULLA COUNTY - Murphy Act Conveyance 
(October 5, 1972) 

APPLICANT: Wakulla County 

represented by Mr. Moody Pearce , Clerk of 
the Circuit Court 
Crawfordville , Florida 

REQUEST: Purchase of Lots 12 and 17, Block D, Town of 
Crawfordville, under Section 197.350(1) (c) , 
Florida Statutes. 

DESCRIPTION: Lots 12 and 17, Block D, Town of Crawfordville 

OFFER: $1,5 00 for the two lots - staff appraised value 

PURPOSE: Wakulla County desires to purchase these two lots for 
a jail site. 

Recommend issuance of deed to Wakulla County under Section 197.350 
without advertisement and public sale for the appraised price of 
$1,500 . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Christian, seconded by Messrs. Stone and 
Shevin, passed without objection, the Trustees authorized 
issuance of the deed to Wakulla County as recommended. 



-20- 

SANTA ROSA COUNTY - Consideration of Oil and Gas Lease Bids 

APPLICANT: Continental Oil Company 
by Donald E. Harris 
Post Office Box 5L266, OCS 
Lafayette, Louisiana 70501 

REQUEST: Consideration of Oil and Gas Lease Bids 

LOCATION: Those portions of State Road 10 (U.S. No. 90) and 
Interstate 10 lying in Sections 25, 26, 27, 34, 
35, and 36 Township 2 North, Range 27 West, 
Santa Rosa County, containing a total of 285 surface 
acres (285 net mineral acres). 

INTEREST 

OF STATE: Department of Transportation holds a full interest 

in the petroleum, and proceeds from this lease 

will go to that department. 

The lease requires an annual rental of $1 per net mineral acre, 
$50,000 surety bond, 1/6 royalty and at least one test well 
every 2*2 years drilled to 6,000 feet or to a depth sufficient 



November 29, 1973 



184 



to test the Norphlet Sands, whichever is deeper. Well drilling 
operations are prohibited on the road rights of way. 

Invitation to bid was advertised pursuant to law in the Tallahassee 
Democrat and The Press-Gazette with bids to be opened at 10:00 A.M. 
(EST) on November 14, 1972, for consideration by the Trustees. 
The right to reject any or all bids is reserved. 

At the meeting on November 14 the two bids received were opened 
and read, as follows: 

Amoco Production Company $7,200.00, total bid 
(bonus per acre of $24.61) 

Continental Oil Company $14,623.35, total bid 
(bonus per acre of $50.31) 

As only four members of the Board were present, consideration 
and award were deferred until this date. 

Recommend award of lease to the high bidder , Continental 
Oil Company . 

ACTION OF THE TRUSTEES: 

On motion- by Mr. Christian, seconded by Mr. Stone and passed 
without objection, the high bid was accepted and the oil and 
gas lease awarded to Continental Oil Company, the high bidder. 



-21A- 

CLAY COUNTY - Application for Quitclaim, File No. 2475-10- 
253.12(6) 
(June 8, 1972) 

Staff Description: A parcel of filled sovereignty land 
in the St. Johns River abutting Section 44, Township 4 
South, Range 26 East, Clay County. 

A. CITY AND COUNTY: Clay County 

B. APPLICANT: St. Johns Associates, Limited 

C. APPLICANT'S 

REPRESENTATIVE: Walter N. Vance, III 

1920 San Marco Boulevard 
Jacksonville, Florida 32207 

D. ACREAGE: 1.10 acres 

RATE PER ACRE: $1,000 per acre or $1,100 for the parcel 

E. APPRAISAL: Memorandum of appraisal by staff appraiser, 

September 20, 1972. 

F. PURPOSE: Not applicable. 

G. BIOLOGICAL 

REMARKS: Not applicable. 

H. STAFF REMARKS: The applicant applied for a quitclaim deed 
pursuant to Section 253.12(6) Florida Statutes, which provided 
that "Where any person, state agency, county, city or other 
political subdivision prior to June 11, 1957, extended or added 
to existing lands or islands bordering on or being in the navi- 
gable waters as defined in this section by filling in or causing 
to be filled in such lands, the board shall upon application 
therefor convey said land so filled to the riparian owner or 
owners of the upland so extended or added to. The consideration 
for such conveyance shall be the appraised value of said lands 
as they existed prior to such filling." 

The applicant has submitted two affidavits which state that the 
parcel was filled during the years 1952, 1953, 1954 and 1955 by 
a predecessor in title. 



November 29, 1972 



185 



Applicant has submitted $100 processing fee. 

Staff requests authority to issue quitclaim deed for the consider- 
ation of $1,100, plus $250 appraisal fee . 



ACTION OF THE TRUSTEES: 

On motion by Mr. Dickinson, seconded by Mr. Stone and passed 
without objection, the Trustees approved issuance of the 
quitclaim deed for $1,100 consideration plus the $250 appraisal 
fee . 



-21B- 

CLAY COUNTY - Dredge and Fill Permit No. 10-31-0069 
(August 7, 1972) 

APPLICANT: St. Johns Associates, Ltd., c/o Walter N. Vance, III 
1920 San Marco Boulevard, Jacksonville, Florida 32207 



PROJECT : 



LOCATION : 

MATERIAL : 

PAYMENT : 

STAFF 
REMARKS : 

ECOLOGICAL 
RESPONSES: 



OTHERS ! 



To dredge from an existing boat basin, replace a 
bulkhead, reclaim land lost by avulsion in accordance 
with the provisions of Section 253.124(8), F.S., and 
to repair an existing dock. 

Section 21, Township 4 South, Range 26 East, Doctor's 
Inlet, Clay County. 

1,700 cubic yards. 

None. Sovereignty land is not involved. 

Field Operations - No objection. 

Department of Natural Resources - No objection. 

Game and Fresh Water Fish Commission - If this 
project is implemented there will be some loss of 
littoral fishery habitat. Damage to the surrounding 
area may result if the boat basin area is not screened 
off during the dredging period. Also, no runoff 
should occur from behind the bulkheaded area into 
Doctor's Inlet. 

As a compensating factor for the loss of littoral 
area, riprap should be placed on the outer edge of 
the new bulkhead. 

Department of Pollution Control - No objection. 

Two affidavits have been received confirming the 
loss of land by avulsion. 



Staff recommends issuance of Permit No. 10-31-0069 subject to 
the stipulations of the Game and Fresh Water Fish Commission . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Dickinson, seconded by Mr. Stone and passed 
without objection, the permit was approved subject to the 
stipulations of the Department of Natural Resources. 



-22- 

NASSAU COUNTY - Right of Way Easement File No. 2481-45-253.03 
(October 5, 1972) 

APPLICANT: Department of Transportation 
Tallahassee, Florida 32304 



November 29, 1972 



PROJECT : 



186 



Highway and bridge construction across the Amelia 
River (Kingsley Creek) for State Road 200. No 
dredging or filling of sovereignty land is required. 



LOCATION: 3.45 acre parcel of submerged land in the Amelia 

River (Kingsley Creek) abutting Section 46, Township 
2 North, Range 2 8 East, Nassau County. 

MATERIAL: Not applicable. 

PAYMENT: Not applicable. 



STAFF 
REMARKS : 



ECOLOGICAL 
REPSONSES: 



OTHERS : 



Not applicable. 

Department of Natural Resources - No objection. 

Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control - No objection. 

The Corps of Engineers, Jacksonville District, 
interposes no objection to the construction. 



Staff requests authority to issue the right of way easement . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Dickinson, seconded by Mr. Stone and passed 
without objection, the Board authorized issuance of the 
right of way easement to the Department of Transportation. 



DADE COUNTY 
APPLICANT: 

PROJECT: 

LOCATION: 

MATERIAL : 

PAYMENT : 

STAFF 
REMARKS : 



ECOLOGICAL 
RESPONSES: 



-24- 

Assignment of Lease No. 2139-A 
(October 18, 1972) 

Martin Woolin 

Post Office Box 250 

Perrine, Florida 33157 

Mr. Woolin, holder of Campsite Lease No. 2139A which 
has been renewed through November 9, 1973, requests 
assignment of the lease to Nat Ratner , 1688 Meridian 
Avenue, Miami Beach, Florida. 

Biscayne Bay. 

Not applicable. 

$25 processing fee for assignment has been paid. 



Instrument of assignment and acceptance of terms and 
conditions, executed by both parties, have been approved 
by staff legal counsel. 



Not applicable. 

Staff recommends approval of assignment of Lease No. 213 9A to Nat 
Ratner . 

ACTION OF THE TRUSTEES : 

On motion by Mr. Dickinson, seconded by Mr. Stone and passed 
without objection, the Board approved the lease assignment. 



November 29, 1972 



187 



-26 & 27- 

COLLIER COUNTY - Dredge and Fill Permit No. 253.123-1023 
and 253.124 - Agenda Item 26 
(November 1, 1972) 

APPLICANT: Deltona Corporation .,,,.,„ 

Post Office Box 280, Miami, Florida 33129 

PROJECT- To dredge numerous navigation and upland canals 

and to place fill material in the areas designated 
on the sketch furnished. 

LOCATION- John Stevens Creek, Marco River and Big Key Bay, 
Sections 9, 10, 11, 12, 13, 14 and 15, Township 
26 South, Range 52 East, according to the Carl E. 
Johnson Survey. 

MATERIAL- 3,000,000 cubic yards to be removed from outside 
bulkhead line and 4,300,000 cubic yards to be 
removed from inside the bulkhead line. 

PAYMENT: None. State-owned sovereignty lands not involved. 

COLLIER COUNTY - Dredge and Fill Permit No. 253.123-1022 
and 253.124 - Agenda Item 27 
(November 1, 1972) 



APPLICANT : 



PROJECT : 



LOCATION: 



MATERIAL : 



PAYMENT : 



Deltona Corporation 

Post Office Box 280, Miami, Florida 33129 

To dredge numerous navigation and upland canals and 

to place fill material in the areas designated on 

the sketch furnished. 

Barfield Bay, Blue Hill Creek and Blue Hill Bay 
in Sections 10, 13, 14, 15, 16, 21, 22, 23 and 
24, Township 26 South, Range 52 East according to 
the Carl E. Johnson Survey. 

5 700,000 cubic yards of material to be removed 
from outside the bulkhead line and 4,200,000 cubic 
yards of material to be removed from inside the 
bulkhead line. 

None. State-owned submerged lands not involved. 



ECOLOGICAL , . . . . ,, 

RESPONSES: Department of Natural Resources - This project will 

have massive and permanent adverse effects on marine 

biological resources. 

Bureau of Beaches and Shores - The proposed project, 
however, proposes incredibly high canal densities 
in areas with small receiving bodies of water which 
have low velocities. The hydrographic report does 
not adquately show that the proposed work will not 
have serious detrimental effects on the area. 

Game and Fresh Water Fish Commission - The biologi- 
cal ramifications of this project are of such 
magnitude tfhat we have no alternative other than 
to recommend against this project because of the 
destruction of biological resources that would result. 

Department of Pollution Control - Reports that 

applicant filed request for certification on 

October 13, 1972. Review of this massive project 
has not yet been completed. 

st aff recommends execution of the A rticles of Agreement and 
riij ajSi of Permit Nos . 2 53.124 and 25 3 . 1 23 -102 3 and Permit 
no. 253.124 and 253.123-1022": 



November 29, 197 2 



188 



ACTION OF THE TRUSTEES: 



The applications from the Deltona Corporation (Items 26 and 27) 
had been reviewed and discussed on several occasions and deferred 
on November 14 for two weeks. Mr. Kuperberg said the staff 
was prepared to discuss the two applications at whatever length 
the Board desired. 

With a commendation to the staff for finally settling the matter, 
Mr. Christian made a motion, seconded by Mr. Dickinson, to 
approve the two permit applications. 

Attorney General said it was his understanding that Deltona 
will deed to the state approximately 4,000 acres of land 
contingent on completion of the entire project. He also under- 
stood that by signing the final agreement the State of Florida 
would still own Kice Island (about 900 acres with 2\ miles of 
Gulf beach front) even in the event the Pollution Control 
Department or the federal government rejects permit applications 
and does not allow the project to go forward. 

Mr. Kuperberg said that was the agreement and Mr. Frank Mackle, 
responding to a question of the Governor, affirmed that that 
was the spirit of the agreement. 

Governor Askew said it was understood that the state acts in 
good faith, that there has been absolutely no understanding 
between either party as to how the Department of Pollution 
Control might act on any further application, but it was not 
the intention of the state to try to obtain this property of 
great value and then not act in good faith. The Governor said 
the Department of Pollution Control would have complete freedom 
in whatever areas its responsibilities lie as far as water 
quality control is concerned. 

For the record, Attorney General Shevin pointed out that the 
agreement being entered into here with regard to dredging and 
filling of Big Key, some 4,500 acres involving hardship cases 
and about 12,000 people who had bought lots, was not the case 
with regard to the other 7,500 acres between the Collier-Read 
tract and Big Key which has not been sold, and the Board was 
in no way obligating itself to agree to any development, 
dredging or filling of that particular tract of land in the 
future. 

Mr. Kuperberg said that was his understanding and it had 
been reaffirmed several times. Mr. Mackle said there was no 
question about that. The Governor noted that Mr. Mackle agreed 
with the position stated. 

Mr. Shevin asked the Director if the property received by the 
state was valued at about twenty million dollars, whereupon 
the Governor said he did not think the Director should be held 
professionally to an appraisal figure but it was the Governor's 
understanding that the value to the company for development 
purposes would have been about twenty million dollars, that 
it was an extremely valuable piece of property and could well 
be the key to preservation of the entire southwestern corner 
of Florida. 

Mr. Mackle said he preferred not to make an appraisal but would 
not object to what the Governor had said. Governor Askew added 
that obviously it was a swap-out environmentally, and a good 
exchange that had required extended negotiations for the state 
to reach that position. 

Mr. Shevin referred to an opinion of title by an attorney 
retained by the Trustees, Mr. Henry M. Kittleson, whose view 
was that the 4,000 acres being conveyed to the state - uplands 
and that portion of submerged land to minus three feet mean high 
water - was in Deltona ownership through the Collier deed. Mr. 
Kuperberg said that was correct, that all the submerged land in 
that township to at least minus three feet had been conveyed by 



November 29, 1972 



189 

the state in 1928. The Governor added that now the state was 
regaining a substantial portion of the land. 

Mr O'Malley, who has asked for deferral two weeks ago, had 
asked the Governor to indicate for the record that he would 
vote in favor of approval of the permits if he were present. 

There being no further discussion, the motion by Mr. Christian, 
seconded by Mr. Dickinson, passed by unanimous vote of the five 
members present. 

-28- 

ST LUCIE COUNTY - Channel Maintenance Dredging 
(June 19, 197 2) 

On October 31 consideration was deferred at the request of 

the Governor. 

The Board of Commissioners of the Fort Pierce Port and Airport 

Authority in meeting on June 13, 1972, adopted Resolution 

So! 7 2-8 which sets forth the Board's efforts to obtain a spoil 

area to accommodate the material to be removed in scheduled 

maintenance dredging in the existing channel and turning basin. 

A portion of the material is suitable and will be placed on the 
South Beach in connection with the erosion control program. Due 
to the distance involved and the character of the material, it 
is not feasible to place all of the spoil on the beach. State 
and federal agencies, including the Florida Game and Fresh Water 
Fish Commission and the Federal Bureau of Sports Fisheries 
and Wildlife, have objected to the use of certain publicly- 
owned spoil areas. The Port Authority has proposed the use of 
Coon island, a publicly-owned spoil island, and has proposed 
two privately-owned spoil areas as alternates, subject to 
the waiving of the 5 cents per cubic yard charge for sovereignty 
materials. 

The Board of Commissioners requests waiver of the 50 cents per 
cubic yard charge for 100,000 yards of material to be placed 
on privately-owned uplands by the Corps of Engineers or its 
agents or contractors . 

Members of the Board of Commissioners of the Fort Pierce. Port 
Authority are expected to be present to make its request 
directly to the Board of Trustees. 

sta ff recommends that the portion of the project's spoil which 
is unsuita ble for bea ch nourishment be placed u pon C oon Island 
grtir" Agnat e dike s, and sedimentation controls nave been 
installed in such a way as to preserve and protect the red 
mangrove fringe of the island . 

ACTION OF THE TRUSTEES: 

Mr. Kuperberg acknowledged that the staff had been slow in 
responding on this matter, that the problem had been that of 
spoil disposal, and he discussed four different proposed 
disposal areas stating that belatedly the staff had accepted 
an easier Port Authority proposal to use Coon Island Provided 
that dikes would be constructed upland of the mangrove fringe. 
The Port Authority had just receded from that position because 
of the U. S. Army Corps diking requirements, and requested waiver 
of the fee of fifty cents per cubic yard, further that spoil be 
placed private upland at no fee which the staff was unwilling 

reco«nd. Mr. Lperberg said the ferial had two values, 
its value as fill and the cost to the state for the loss of 
marine productivity suffered by the dredging operation. He 
thought that material placed on state-owned Coon Island would 
enhance its value for public use that some of th | JfJJJJ^ 
might be sold to a private upland owner, and the Port Authority 
might consider the $50,000 as a business cost and sell or 
dispose of the material as desired. 



November 29, 1972 



190 



When Mr. Christian suggested postponement, the Governor said 
that inadvertently the Port Authority representatives were 
not given an opportunity to be heard on October 31 and those 
here today should be heard. 

Mr. Edward G. Enns, on the Board of County Commissioners and 
the Chairman of the Port Authority, expressed the opinion 
that their proposal would be the least damaging to the 
environment and the least cost to the public taxpayer. 

Mr. Weldon Lewis, administrator of the county and the Fort 
Pierce Port and Airport Authority, using an aerial photograph, 
explained the maintenance project, funding by the Corps of 
Engineers now ready to commence work, various proposed disposal 
sites, poor quality of this particular material, the estimate 
of over $169,000 for the dike and objections of the City 
Commission to use of Coon Island with the requirement of a 
high dike. Mr. Lewis explained that for approximately a year 
and a half they had explored and exhausted all possible sites 
for public use and there remained only two available sites, 
both privately owned. 

Mr. Lewis said the County Commissioners agreed with the posi- 
tion of requiring payment for material dredged from bottom 
lands and placed on upland or submerged land to enhance property, 
but in this case they needed to remove material that is not 
good fill material and private owners, believing it of no 
benefit to them, were not willing to pay for it. 

Concluding the discussion of the possibility of alternatives 
to placing the material on private property, Governor Askew 
pointed out the questions of the easement of the island for 
recreation use by the City of Fort Pierce and the additional 
question of the worth of the material. He commended the Port 
Authority representatives on their presentation and said that 
on such a complicated matter concerning public property he 
did not think thirty days was an unjustified period to try 
to reach a determination. 

On motion by Mr. Christian, seconded and passed without 
objection, action was deferred for thirty days. 



-2 9A- 

BROWARD COUNTY - Right of Way Easement File No. 2486-06-253.03 
(November 10, 1972) 

APPLICANT: Department of Transportation 

Haydon Burns Building, Tallahassee, Florida 32304 

PROJECT: Construction of three bridges for State Road 

No. 9(1-95) across the North Fork of New River. 
No dredging or filling is required for the bridge 
construction . 

LOCATION: 1.0-acre parcel of sovereignty land in the North 
Fork of New River abutting Section 4, Township 5 
South, Range 42 East, Broward County. 

MATERIAL : None . 

PAYMENT : None . 

ECOLOGICAL 

RESPONSES: Department of Natural Resources - No objection. 

Game and Fresh Water Fish Commission - No objection, 

Department of Pollution Control - No objection. 



November 29, 1972 



191 



Staff reque sts authority to issue the Right of Way Easement 
subject to the Dep artment of Transportation acquiring the 
abutting uplands . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Stone, seconded by Mr. Dickinson and passed 
without objection, the easement was approved subject to 
acquisition of the abutting uplands by the Department of 
Transportation . 



-29B- 

BROWARD COUNTY - Dredge Permit No. 06-22-0246 
(November 10, 1972) 

APPLICANT: Department of Transportation 

Haydon Burns Building, Tallahassee, Florida 32304 

PROJECT: To dredge a small area of submerged land to install 
storm drains in connection with construction of 
three bridges for 1-95. 

LOCATION: Section 4, Township 50 South, Range 42 East, 
North Fork New River, Broward County. 

MATERIAL: Approximately 24 cubic yards of material to be 

removed and placed on Department of Transportation 
right of way above the mean high water line. 



STAFF 
REMARKS 



Field Operations - No objection. 



ECOLOGICAL 
RESPONSES: 



Department of Natural Resources - No objection. 
Game and Fresh Water Fish Commission - No objection, 
Department of Pollution Control - No objection. 

Staff recommends issuance of Dredge Permit No. 06-22-0246 . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Stone, seconded by Mr. Dickinson and passed 
without objection, the Trustees approved issuance of the 
dredge permit to the Department of Transportation. 



-30- 

COLLIER COUNTY - Application to Purchase, File 2583-11-253.12 
(July 3, 1972) 

STAFF DESCRIPTION: Three parcels of filled sovereignty land in 
the Cocohatchee River abutting Section 17 , 
Township 48 South, Range 25 East. 

A. CITY AND COUNTY - Collier County 

B. APPLICANTS: Miles Scofield, et al 

C. APPLICANTS' 

REPRESENTATIVE: Stanley W. Hole ,, Q „« 

Post Office Box 1516, Naples, Florida 33940 

D. ACREAGE: 13.66 acres. 

RATE PER ACRE: $500 per acre or $6,830 for the parcel. 

E. APPRAISAL: By Hamilton Hunter, M.A.I, and S.R.A., 

June 16, 1972. $500 per acre for 13.44 
acres as of April 7, 1965. Reviewed 
by staff appraiser October 26, 1972. 



November 29, 1972 



192 



F. PURPOSE: Development in accordance with county zoning, 

G. BIOLOGICAL REMARKS: Not applicable. The parcels were 

previously filled under permits. 

H. STAFF REMARKS: The parcels of land involved lay within the 
area described in Trustees Deed No. 12,479 dated December 14, 
1883. It has been determined that some of the land was 
tidal in character and not swamp and overflowed land within 
the meaning of the Swamp Land Act of 1850. 

These parcels of land were filled after the Collier County 
Commissioners established a bulkhead line in accordance 
with the provisions of Section 253.122, F.S., and issued a 
permit under the provisions of Section 253.124, F.S. The 
Board of Trustees approved both the bulkhead line and the 
fill permit on February 23, 1965. The staff on this same 
date wrote the U.S. Army Corps of Engineers that the Trustees 
did not object to the issuance of its permit. 

The applicant relied on this information and proceeded to 
fill these lands in accordance with the approved and issued 
permits. 

It now appears that applicant acted to his own detriment 
by relying on the approvals by local, state and federal 
authority. 

Staff requests authority to advertise for objections only . 

ACTION OF THE TRUSTEES : 

Mr. Kuperberg summed up this application as a case where the 
Trustees years ago issued a permit for filling lands, some 
of which now appear to have been state-owned submerged lands. 
To resolve the matter the staff requests authority to 
advertise the filled parcels for sale on the basis of the 
appraised price. 

On motion by Mr. Stone, seconded by Mr. Shevin and passed 
without objection, the advertisement was authorized. 



-31- 

MONROE COUNTY - Fill Permit No. 253.03-347 
(March 13, 1972) 

This item is being placed on the agenda at the request of the 
Commissioner of Education. 

APPLICANT: Ocean Reef Club 

c/o William J. Roberts 

Post Office Box 1386, Tallahassee, Florida 32302 

PROJECT: To construct a seawall along the existing shoreline 
of Pumpkin Creek. 

LOCATION: Section 7, Township 59 South, Range 41 East, 
Key Largo, Monroe County. 

MATERIAL: Not applicable. 

PAYMENT: Not applicable. 

STAFF 

REMARKS: Field Operations - No objection. 

ECOLOGICAL 

RESPONSES: Department of Natural Resources - The proposed 
seawall would have only limited adverse effects 
on marine bilogical resources if the intertidal 
red mangroves and the tributary creek are conserved. 

November 29, 1972 



193 



Game and Fresh Water Fish Commission - Recommends 
that riprap be used to stabilize the shoreline 
in place of a seawall. 

Department of Pollution Control - No objection. 

Staff recommends issuance of Permit No. 253.03-347 subject to 
the recommendations of the Department of Natural Resources and 
with the stipulation that riprap be placed along the outside of 
the seawall. 

ACTION OF THE TRUSTEES: 

The Director reported that the applicant had agreed to meet 
all the requirements laid down by the environmental agencies. 

On motion by Mr. Christian, seconded by Mr. Shevin and passed 
without objection, the permit with stated stipulations was 
approved . 

Mr. Stone commented that he had been but was not now a member 
of that club and was voting with the majority. 



Mr. Kenneth G. Oertel, Trustees' Chief Counsel, advised the 
board that he had been requested by the United States 
Department of Justice to handle a case he had filed when he 
was with the office of the United States Attorney in September, 
involving dredging in the Florida Keys. 

In response to Mr. Shevin 's question, Mr. Oertel said he 
saw no conflict between handling that case and his work for 
the Trustees, and hoped it would be a short trial. 

Mr. Shevin made a motion that Mr. Oertel be allowed to handle 
the case for the Justice Department. Mr. Stone seconded the 
motion, commending Oertel for his work in Miami in the 
United States Attorney's office, particularly with reference 
to the Miami River. 

Without objection, the motion was passed. 



On motion duly adopted, the meeting was adjourned. 




GOVERNOR - CHAIRMAN 




November 29, 1972 



194 



Tallahassee, Florida 
December 12, 1972 



The State of Florida Board of Trustees of the Internal Improve- 
ment Trust Fund met on this date in the Haydon Burns Auditorium 
with the following members present: 



Reubin O'D. Askew 
Richard (Dick) Stone 
Robert L. Shevin 
Fred 0. Dickinson, Jr. 
Thomas D. O'Malley 
Floyd T. Christian 
Doyle Conner 



Joel Kuperberg 



Governor 

Secretary of State 

Attorney General 

Comptroller 

Treasurer 

Commissioner of Education 

Commissioner of Agriculture 



Executive Director 



DADE COUNTY - Road Right of Way 

(September 1, 19 72) 

APPLICANT: Department of Transportation 

represented by J. E. Greiner Company, Inc. 
Post Office Box 23646 
Tampa, Florida 33622 

REQUEST: Parcel of Trustees' land for right of way for the 
Homestead Extension of Florida's Turnpike, State 
Road 821. 

DESCRIPTION: Lot 16, Block 18 of Sweetwater Golf Course 

Townsite, per plat book 17 at page 3, Dade County 
public records, in Section 1, Township 54 South, 
Range 3 9 East, Dade County. 

This 50 feet x 150 feet lot reverted to the state under the Murphy 
Act and was deeded to the Trustees in 1953 under Chapter 21684, 
Acts of 1943. The lot was appraised at $4,000 by the J. E. Greiner 
Company, Inc., appraiser and was reviewed and approved by staff 
appraiser as an acceptable offer. The lot is unimproved and lies 
completely within the proposed right of way. 

Recommend issuance of easement to the Department of Transportation 
for public road purposes only for the $4,000 consideration offered . 

ACTION OF THE TRUSTEES : 

On motion by Mr. Dickinson, seconded by Mr. Christian and Mr. 
O'Malley and passed without objection, the Trustees authorized 
easement for public road purposes only for the consideration 
offered. 



-2- 

MONROE COUNTY - Application for Contract Purchase Deed 
File No. 24678(1975-44) 
(March 30, 1972) 

STAFF 

DESCRIPTION: A tract of submerged land in the Bay of Florida 
lying northwest of the Island of Key West, in 
Township 67 South, Range 25 East, Monroe County. 



PURCHASER: 



ACREAGE 



FEB Corporation 
Post Office Box 2455 
Key West, Florida 

125.05 acres 



December 12, 1972 



195 



RATE: $300 per acre or $37,515 for the parcel. 

PAYMENT: The contract purchaser has paid the full amount 

of $37,515.00 principal, plus $4,386.60 interest, 
under the terms of the contract. 

On September 26, 1967, the Trustees unanimously confirmed 
the sale to the applicant, and Contract for Land Purchase was 
executed by the Trustees October 9, 1967. 

Staff Legal Counsel is of the opinion that the deed should be 
issued. 

The field investigator's report states that there is no evidence 
of fill being placed on the tract. 

Staff advised the applicant that based on the concern expressed 
by the state environmental agencies it would be extremely 
doubtful that he would be able to develop the submerged land 
purchased. Staff offered to submit to the Trustees a recommenda- 
tion for refund in lieu of issuing a deed. Applicant advised 
that he preferred that the deed be issued. 

Staff requests authority to issue a deed to the purchaser. 

ACTION OF THE TRUSTEES: 

On motion by Mr. Dickinson, seconded by Mr. Christian and Mr. 
O'Malley and passed without objection, the Trustees authorized 
issuance of the deed to the purchaser. 



-3- 

SUMTER COUNTY - Confirm a public sale of Murphy Act land 
(October 27, 1972) 

LAND 

DESCRIPTION: Lots 13, 16, 17 and 20, Block K, Sunset Park, 

Section 7, Township 19 South, Range 23 East, 

Sumter County, Florida. 

LOCATION: The land is comprised of four lots 25 feet by 
105 feet each located in the South quadrant of 
the incorporated limits of City of Wildwood, 
Sumter County, Florida. The land is within a 
sparsely developed residential section with homes 
in the $5,000 to $9,000 class. 

APPRAISAL: By staff appraiser, $150 per lot or a total of $600, 

AUTHORITY 

FOR SALE: Section 197.350, Florida Statutes. 

DATE OF 

SALE: October 25, 1972, by Clerk of the Circuit Court 
of Sumter County. 

HIGH BIDDER: A. M. Barlow, Wildwood, Florida 

HIGH BID: $600 

Recommend confirmation of sale of this land to A. M. Barlow for 
$600 plus costs of advertising and clerk's fees . 

ACTION OF THE TRUSTEES : 

On motion by Mr. Dickinson, seconded by Mr. Christian and Mr. 
O'Malley and passed without objection, the staff recommendation 
was approved as the action of the Trustees. 



December 12, 1972 



196 

-4- 

HILLSBOROUGH COUNTY - Request for duplicate Murphy Act deeds 
(October 30, 1972) 

APPLICANT: A. L. Midyette for Deed No. 350 8 and Alvin H. Hinson 
for Deed No. 3884. 

REPRESENTED 

BY: Robert S. Edwards, Attorney 
Post Office Box 1119 
Plant City, Florida 33566 

REQUEST: Request issuance of duplicate Murphy Act deeds to A. L. 
Midyette and Alvin H. Hinson. The original Murphy Act 
deeds were lost and never placed of record in the Public 
Records of Hillsborough County. 

Recommend issuance of duplicate Murphy Act deeds to A. L. Midyette 
and Alvin H. Hinson for $25 for each deed, the usual cost for 
issuance of a duplicate deed . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Dickinson, seconded by Mr. Christian and Mr. 
O'Malley and passed without objection, the Trustees approved 
issuance of the duplicate deeds for a charge of $25 each. 



PALM BEACH COUNTY - Right of Way Easement File No. 2484- 
50-253.03 
(October 31, 1972) 

APPLICANT: Department of Transportation 

Haydon Burns Building 
Tallahassee, Florida 

PROJECT: Highway and bridge construction for Section 

93090-2508, Alternate A-l-A, Loxahatchee River. 

No dredging or filling of submerged land is required. 

LOCATION: 1.53-acre parcel of sovereignty land in the 

Loxahatchee River abutting Section 31, Township 
40 South, Range 43 East, Palm Beach County. 

PAYMENT : None . 

STAFF REMARKS: Not applicable. 

ECOLOGICAL 

RESPONSES: Department of Natural Resources - No objection. 

Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control - No objection. 

Staff requests authority to issue easement subject to the 
Department of Transportation acquiring abutting upland ownership . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Dickinson, seconded by Mr. Christian and Mr. 
O'Malley and passed without objection, the easement was approved 
subject to the provision recommended by the staff. 



-6- 

DUVAL COUNTY - Dredge Permit No. 253.123-709 

At the request of Clarence E. Brown, applicant's attorney, 
the Trustees deferred until January 3, 1973, the consideration 
of a dredge permit requested by Jacksonville Bulk Terminals, 
Inc. , to remove silt from an existing slip in the St. Johns 
River . 



December 12, 1972 



PINELLAS COUNTY 



197 



-7- 

Dredge Permit No. 253.123-1087 
(February 28, 1972) 



APPLICANT: City of Madeira Beach 

Post Office Box 8276, Madeira Beach, Florida 33738 

PROJECT: To dredge approximately 1,500 cubic yards from 
an area adjacent to a storm drain and place the 
material on an existing rubble fill. 

LOCATION: Section 9, Township 31 South, Range 15 East, 
Boca Ciega Bay, Pinellas County. 

MATERIAL: 1,500 cubic yards of silt to be removed and placed 
on city-owned uplands. 

PAYMENT: The city has requested waiver of fees. The material 
will be placed on uplands owned by the City of 
Madeira Beach. 



STAFF 
REMARKS: 



Field Operations - No objection. 



ECOLOGICAL 
RESPONSES: 



OTHERS : 



Department of Natural Resources - Although a sparse 
growth of Cuban shoalweed and some marine invertebrates 
would be affected, this small project should not have 
significant adverse effects on marine life. 

Game and Fresh Water Fish Commission - No objection 
provided all spoil is placed above the mean high 
water line. 

Department of Pollution Control - No objection. 

Pinellas County Water and Navigation Control Authority 
issued Permit No. DO-205. 



Staff recommends issuance of Permit No. 253.123-1087 and waiver 
of fees with the stipulation that all material be placed on 
uplands . 

ACTION OF THE TRUSTEES : 

On motion by Mr. Dickinson, seconded by Mr. Christian and 
Mr. O'Malley and passed without objection, the Trustees approved 
issuance of the permit with no fees and a stipulation that all 
material be placed on uplands. 



LAKE COUNTY - Construction Permit and Marina License 
No. 35-30-0137 
(August 31, 1972) 

APPLICANT: James H. Powell 
Route 1, Box 114 
Astor, Florida 32002 

PROJECT: To construct a dock 72 feet x 13 feet on the west 
shore of St. Johns River adjacent to applicant's 
existing upland marine service facility. 

LOCATION: Section 30, Township 15 South, Range 28 East, 
Lake County. 

MATERIAL: None. 

PAYMENT: $100 received as minimum annual fee. 



STAFF 
REMARKS: 



Field Operations - No objection. 



December 12, 1973 



198 



ECOLOGICAL 

RESPONSES: Department of Natural Resources - No objection. 

Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control - No objection. 

Staff recommends issuance of Construction Permit and Marina 
License No. 35-30-0137 . 

ACTION OF THE TRUSTEES : 

On motion by Mr. Dickinson, seconded by Mr. Christian and Mr. 
O'Malley and passed without objection, the Trustees approved 
issuance of the construction permit and marina license as 
recommended. 

-9- 

PINELLAS COUNTY - Construction Permit and Marina License No. 
52-30-0122 
(August 17, 1972) 

APPLICANT: Paul Vigilant 

22 Pehle Avenue 
Saddlebrook, New Jersey 



PROJECT : 

LOCATION: 

MATERIAL ; 

PAYMENT : 

STAFF 
REMARKS : 



To construct a dock 10 feet wide by 24 feet long 
on Lot 40, Unit 5A, Island Estates of Clearwater, 
to provide docking facilities for tenants of an 
apartment building. 

Section 9, Township 29, Range 15 East, Pinellas County. 

Not applicable. 

$100 minimum annual fee received. 

Field Operations - No objection. 



ECOLOGICAL 

RESPONSES: Department of Natural Resources - No objection. 

Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control - Not applicable. 



OTHERS : 



Pinellas County Water and Navigation Control Authority 
approved Permit No. M6 5 7 5-7 2. 



Staff recommends issuance of Construction Permit and Marina 
License No. 52-30-0122 for one year at the required fee. 

ACTION OF THE TRUSTEES : 

On motion by Mr. Dickinson, seconded by Mr. Christian and Mr. 
O'Malley and passed without objection, the Trustees approved 
issuance of the construction permit and marina license as 
recommended . 



-10- 

PINELLAS COUNTY - Construction Permit and Marina License 
No. 52-30-0133 
(August 25, 1972) 

APPLICANT: George W. Wadsworth, et ux 
2624 North Paula Drive 
Dunedin, Florida 33528 

PROJECT: To construct an "L" -shaped dock, 3 feet in width 
with a projection of 32.5 feet from the seawall in 
St. Joseph Sound to provide docking facilities for 
tenants of an apartment building. 



December 12, 197 2 



LOCATION: 

MATERIAL : 

PAYMENT : 

STAFF 
REMARKS : 



199 



Section 15, Township 28 South, Range 15 East, 
Pinellas County. 

Not applicable. 

$10 minimum annual fee received. 

Field Operations - No objection. 



ECOLOGICAL 

RESPONSES: Department of Natural Resources - No objection. 

Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control - Not applicable. 

OTHERS: Pinellas County Water and Navigation Control Authority 
approved Permit No. M6659-72. 

Staff re commends issuance of Construction Pe rmit and Marina 
License No. 52-30-0133 for one year at the re quired annual fee. 

ACTION OF THE TRUSTEES: 

On motion by Mr. Dickinson, seconded by Mr. Christian and Mr. 
O'Malley and passed without objection, the Trustees approved 
issuance of the construction permit and marina license as 
recommended . 



-11- 

PINELLAS COUNTY - Construction Permit and Marina License 
No. 52-30-0147 
(September 11, 1972) 



APPLICANT 



PROJECT : 



LOCATION: 

MATERIAL : 

PAYMENT : 

STAFF 
REMARKS : 



Don Cowan, Inc. 

12405 Third Street East 

Treasure Island, Florida 

To construct a dock extending 20 feet along an existing 
seawall with a projection into the waterway of 12.5 
feet to provide docking facilities for tenants of a 
condominium apartment complex. 

Section 23, Township 31 South, Range 15 East, 
Boca Ciega Bay, Pinellas County. 

Not applicable. 

$10 minimum annual fee received. 

Field Operations - No objection. 



ECOLOGICAL rT *•„„.,..;„„ 

RESPONSES: Department of Natural Resources - No objection. 

Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control - Not applicable. 

OTHERS: Pinellas County Water and Navigation Control Authority 
approved Permit No. M6649-72. 

Staff recommends issuance of Con struction Permit and Marina 
License No. 52-30-0147 . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Dickinson, seconded by Mr. Christian and Mr. 
O'Malley and passed without objection, the Trustees approved 
issuance of the construction permit and marina license. 



December 12, 1972 



200 



-12- 

LEVY COUNTY - Confirm a public sale of Murphy Act land 
(November 7, 197 2) 



LAND 
DESCRIPTION: 



LOCATION: 



APPRAISAL: 



NE% of SE%, Section 36, Township 13 South, 
Range 17 East, Levy County, Florida. 

The land is comprised of a 40 acre tract located 
approximately 7 miles southwest of Williston and 
approximately 9 miles southeast of Bronson within 
an unincorporated area of Levy County, Florida. 

By staff appraiser, $6,000 for the 40 acres of 
land. 



AUTHORITY 
FOR SALE: 



Section 197.350, Florida Statutes, 



DATE OF SALE: October 10, 1972, by Clerk of the Circuit Court 
of Levy County. 

HIGH BIDDER: Gene Bailey. 

HIGH BID: $7,979.00 

Recommend confirmation of sale of this land to Gene Bailey 
for $7,979 plus costs of advertising and clerk's fees. 

ACTION OF THE TRUSTEES : 

Motion was made by Mr. Dickinson, seconded by Mr. Christian 
and Mr. O'Malley and passed without objection, confirming sale 
of this Murphy Act land in Levy County as recommended by the 
staff. 



ESCAMBIA COUNTY 

APPLICANT : 
REQUEST : 

LOCATION: 



OFFER: 



-13- 

Easement for Electric Transmission Line 
(October 26, 1972) 

Gulf Power Company 

Right of way for construction, operation and 
maintenance of electric transmission lines. 

A parcel 100 feet wide and 208 feet long being 
the south half of a one-acre parcel owned in fee 
by the State under the Murphy Act, Chapter 182 96, 
Act of 1937 (Tax Certificate No. 230 of 1925 and 
Tax Certificate No. 2879 of 1933) in SW^s of NE% 
of Section 6, Township 5 North, Range 30 West, 
Escambia County. 

The offer of $350 has been reviewed and approved 
by staff appraiser. 



Recommend issuance of easement for electrical transmission line 
purposes only . 

ACTION OF THE TRUSTEES : 

Motion was made by Mr. Dickinson, seconded by Mr. Christian 
and Mr. O'Malley and passed without objection, approving 
issuance of the easement for electrical transmission line 
purposes only. 



December 12, 1972 



201 



-14- 

DUVAL COUNTY - Bulkhead Line No. 16-35-0233 
(June 1, 1972) 

APPLICANT: Jacksonville Port Authority 
Post Office Box 3005 
Jacksonville, Florida 32206 

PROJECT: The City Counsel of the City of Jacksonville by 

Resolution No. 72-219-151 on May 12, 1972, established 
a bulkhead line 9,828.06 feet long closely approx- 
imating the location of the mean high water line. 

LOCATION: Sections 18 and 19, Township 1 South, Range 28 East, 
and Sections 24 and 25, Township 1 South, Range 
27 East on the easterly side of St. Johns River, 
Duval County. 

MATERIAL : None . 



PAYMENT : 



Not required, 



STAFF 
REMARKS 



Field Operations - Suggests bulkhead line be 
established at or above the mean high water line, 



ECOLOGICAL 

RESPONSES: Department of Natural Resources - "...bulkhead line 
should be set at the mean high water line . " 

Game and Fresh Water Fish Commission - No objection, 

Department of Pollution Control - No objection 
"...although it would be preferable if it were 
established at the line of mean high water." 

Staff recommends approval of the bulkhead line as it is a close 
approximation of the line of mean high water . 

ACTION OF THE TRUSTEES: 

Motion was made by Mr. Stone, seconded by Mr. O'Malley and 
Mr. Christian, to approve the bulkhead line. 

Noting the comment of the Department of Pollution Control, 
Mr. Shevin asked for clarification of the words "close approxi- 
mation" in the staff recommendation. The Director explained 
that when the inspections were made there were no engineering 
stakes out but now the line has been staked by engineers for 
the Jacksonville Port Authority, the line falls upland of most 
of the cord grass, in places above the mean high water line 
and in others in the water, and the existing channel is well 
seaward of the cord grass. In this industrial area a crooked 
seawall would be of little value; this will be a straight 
line but does approximate as nearly as possible the mean high 
water line, Mr. Kuperberg said. 

Without objection, the motion to approve the bulkhead line 
passed. 



-15- 

ESCAMBIA COUNTY - Dredge Permit No. 253.123-873 
(October 16, 1972) 



APPLICANT: 



PROJECT : 



Pensacola Terminals, Inc. 

3088 Barrancas Avenue 

Post Office Box 4008, Pensacola, Florida 32507 

To do maintenance dredging of approximately 1,500 
cubic yards from submerged lands in Bayou Chico 
adjacent to applicant's terminal in Pensacola, and 
deliver same to Escambia County for park purposes. 



December 12, 1972 



202 



LOCATION : 

MATERIAL : 
PAYMENT : 



STAFF 
REMARKS : 



ECOLOGICAL 
RESPONSES: 



OTHERS 



Section 27, Township 2 South, Range 30 West, 
Escambia County. 

Approximately 1,500 cubic yards. 

Applicant requested waiver of fees as dredged 
material will be hauled to Escambia County Park 
site in Section 50, Township 2 South, Range 30 West. 



Field Operations - No objection. 

Department of Natural Resources - No objection. 

Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control - No objection. 

Board of County Commissioners of Escambia County 
issued a Dredge Permit on March 12, 1971 and 
Construction Permit No. 450 October 13, 1972. 



Staff recommends issuance of Dredge Permit 253.123-873 with 
waiver of fees, subject to deposition and use of spoil for 
public purposes . 

ACTION OF THE TRUSTEES : 

On motion by Mr. Christian, seconded by Mr. Stone and passed 
without objection, the dredge permit was approved without fee 
subject to the stipulations recommended by the staff. 



OKALOOSA COUNTY 



-16- 

Construction Permit, Marina License 
No. 46-30-0102 and Dredge Permit No. 46-21-0101 
(August 1, 1972) 



APPLICANT: Shalimar Yacht Basin, Inc. 

Post Office Box 784, Shalimar, Florida 32579 

PROJECT: To conduct maintenance dredging at an existing marina. 

LOCATION: Section 6, Township 2 South, Range 2 3 West, 
Gamier Bayou, Okaloosa County. 

MATERIAL: 2,376.3 cubic yards of material to be removed from 
sovereignty lands . 

PAYMENT: $1,188.50 received as payment for sovereignty 

material at standard rate. $976.70 received as 
annual fee for marina license. 



STAFF 
REMARKS ; 



ECOLOGICAL 
RESPONSES: 



Field Operations - No objection. 

Department of Natural Resources - No objection. 

Game and Fresh Water Fish Commission - Recommend 
that all spoil be deposited on uplands behind 
restraining walls and a diaper system be used to 
control siltation. 

Department of Pollution Control - No objection. 

Staff recommends issuance of Construction Permit and Marina 
License No. 46-30-0102 and Dredge Permit No. 46-21-0101 subject 
to the stipulations of the Game and Fresh Water Fish Commission. 



December 12, 1972 



203 



ACTION OF THE TRUSTEES: 



Christian and passed 



On motion by Mr. Stone, seconded by Mr. 

without objection, the Trustees approved the permits and license 

as recommended by the staff. 



-17- 

PALM BEACH COUNTY - Construction Permit and Marina License 
50-30-0142 
(August 30, 1972) 

APPLICANT: Hudgins Fish Company 

Post Office Box 2526, West Palm Beach, Florida 

PROJECT: To construct a dock for the unloading of fishery 
products in Lake Worth. 

LOCATION: Section 28, Township 42 South, Range 43 East, 
Palm Beach County, Florida. 

MATERIAL: Not applicable. 

PAYMENT- $100 minimum annual fee received. The _ area of 

sovereignty lands to be occupied is being recal- 
culated and the fee will be adjusted if necessary. 



STAFF 
REMARKS : 



Field Operations - No objection, 



ECOLOGICAL „ , . n„„ 

RESPONSES: Department of Natural Resources - No objection. 

Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control - No objection. 

Staff recommends issuance of Constru ction Permit and 
Marina License No. 50-30-0142 . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Stone, seconded by Mr. Christian and passed 
without objection, the construction permit and marina license 
were approved. 



-18- 
BISCAYNE NATIONAL MONUMENT 

Trustees have been advised by C. Dubose Ausley, Esquire, of the 
firm of Ausley, Ausley, McMullen, McGehee and Carothers, Special 
Counsel for the Trustees in the condemnation action connected 
with the establishment of the Biscayne National Monument, that 
the proceedings are almost complete. He recommends the adoption 
of the resolution submitted to the Trustees and the execution 
or the stipulation calling for the entry of a stipulated judgement 

i ato'be entered as loon as the federal government has acquired 
outstanding lands in the area involved, as provided by the Florida 
Legislature in authorizing conveyance of state owned lands for 
establishment of the National Monument without reserving any 
oil or mineral rights. 

Staff recommends adoption of the r esolution and the execution of 
the stipulation . 

ACTION OF THE TRUSTEES: 

Motion was made by Mr. Christian, seconded by Mr . Stone and 
passed without objection, to adopt the resolution and execute the 
stipulation as recommended by the staff. 

Copy of the resolution is attached to these minutes and made 
a part hereof. 



December 12, 1972 



204 



-19- 

OKALOOSA COUNTY - Application for an ex parte disclaimer 
File No. 2485-46-253.03 
(October 16, 1972) 

STAFF DESCRIPTION: A parcel of accreted sovereignty land 
in Boggy Bayou abutting Section 18, Township 1 South, 
Range 22 West. 



CITY AND COUNTY - Okaloosa County 
APPLICANT: 



ACREAGE : 
RATE PER ACRE: 



APPRAISAL: 
PURPOSE: 



BIOLOGICAL 
REMARKS : 



G. STAFF REMARKS: 



William I. McCowen 

631 Golf Course Drive 

Fort Walton Beach, Florida 32548 

0.159 

Not applicable. 

Not applicable. 
Not applicable. 

Not applicable. 

Two affidavits have been submitted which 
state that the parcel was created by the 
process of accretion. 

The Field Operations Division is of the 
opinion that the parcel was formed by 
accretion. 

The applicant has submitted a $25 processing fee. 

Staff requests authority to issue the ex parte disclaimer . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Stone, seconded by Mr. Christian and Mr. 
Dickinson, and passed without objection, the Trustees author- 
ized issuance of the ex parte disclaimer to the parcel of 
accreted sovereignty land. 



-20- 

PASCO COUNTY - Boundary Line Agreement and Dredge Permit 
No. 51-31-0231 
(June 2, 1972) 

APPLICANT: Lindrick Corporation 

c/o DuBose Ausley, Attorney 

Post Office Box 391, Tallahassee, Florida 32301 

PROJECT: To dredge a navigation access connection, a 

perimeter channel and several interior waterways, 
and to place the fill from these channels on the 
applicant's property. 

The applicant also proposes a boundary line agree- 
ment whereby all lands offshore from the outer 
edge of the perimeter channel would be deeded to 
the state for inclusion in the state wilderness 
system as set forth in Chapter 258, with the excep- 
tion of a tract near the north property line to be 
dedicated to the Pinellas Area Council of the Boy 
Scouts of America. The state would quitclaim to 
the applicant all right, title, and interest, 
if any, in the property landward of the line. 

LOCATION: Sections 6 and 7, Township 26 South, Range 16 East, 
Pasco County. 



December 12, 1972 



205 



MATERIAL : 



PAYMENT ; 



1,600,000 cubic yards of material to be removed 
from the proposed dredge area. 

None. State-owned submerged land not involved. 



STAFF 
REMARKS : 



Field Operations - The developer of this site has 
taken extreme precautions to protect the environment 
and ecology of this area. 



ECOLOGICAL „. „ , 

RESPONSES: Department of Natural Resources - The proposed 

development is conservative and would have signi- 
ficant but relatively limited adverse effects on 
marine biological resources. 

Game and Fresh Water Fish Commission - The applicant 
has modified his proposal significantly to preserve 
most of the productive marsh lands within the project 
boundaries. Encroachment into these lands is now 
due primarily to the construction of navigation 
canals and channels and their impact should be 
considered minimal. Under these circumstances we 
offer no objection to the issuance of the permit. 

Department of Pollution Control - Our regional office 
recommends Trustees' approval of the September 22, 
1972, revision. 



OTHERS : 



Numerous letters have been received in favor of 
the proposed development. 

51-31-0231 



Sta ff recommends issuance of Dredg e Permit No, 
and approval of the boundary line agreement . 

ACTION OF THE TRUSTEES: 

The Executive Director said the proposed settlement in connec- 
tion with this old project represented a great deal of effort 
and was now acceptable to the state and federal agencies and 
to the applicant. 

On motion by Mr. Christian, seconded by Mr. Shevin and passed 
without objection, the Trustees approved the boundary line 
agreement and the dredge permit. 



On motion by Mr. Stone, seconded by Mr. Christian and adopted 
without objection, the rules were waived for consideration ol 
items on the addendum agenda. 



-21- 

MANATEE COUNTY - Dedication No. 24748(2051-41) 

The DeSoto Center Advisory Committee 

and the City of Bradenton 
c/o City Hall, Bradenton, Florida 

The DeSoto Center Advisory Committee and the City of Bradenton 
have requested that the Board of Trustees of the Internal 
Improvement Trust Fund amend Dedication No. 24748(2051-41) to 
permit the leasing of land for commercial purposes for a 
period of 50 years. The dedication limits all leases to 3 
years. The land (formerly submerged) was dedicated to the City 
of Bradenton for public municipal purposes by action of J™L 
Trustees of February 27, 1968. On August 31, 1971, the Trustees 
modified the "public purpose" provision in the dedication by 
approval of the concept of the DeSoto Center as presented, 
subject to the following: 

1. Not more than 2 5% of the area to be used for commercial 
purposes. 



December 12, 1972 



206 



2. The area adjacent to the open waters of the Manatee 
River to be reserved for public use. 

3. That a blue ribbon ad hoc committee be created, its 
membership subject to approval of the Trustees, to 
advise with the city and Trustees on the development 
program. 

4. That a time table for public development be submitted 
within 180 days. 

5. That quarterly reports be furnished to Trustees' staff 
on progress of the project and activities of the blue 
ribbon committee. 

Staff recommends amendment of Dedication No. 24748(2051-41) 
to incorporate items (1) and (2), above, in the amended dedica- 
tion and also remove the thirty-year limit on leases and substi- 
tute therefor a maximum term of fifty years, as requested by the 
Advisory Committee and the City of Bradentoru 

ACTION OF THE TRUSTEES: 

Mr. Kuperberg stated that Mr. Robert P. Murray wished to be 
heard in regard to items 21 and 22. The staff recommended 
that policy decisions be made a part of the dedication and that 
an additional amendment be inserted to change the 3 0-year limit 
to a maximum term of 50 years. The staff felt that 50 years 
was long enough to encumber public interest properties and did 
not recommend option for an additional 20 years, but on all 
other issues the staff was in agreement with the city representa- 
tives on this matter. 

Motion was made by Mr. Shevin, seconded by Mr. Stone and passed 
without objection, to approve the staff recommendation for 
amendment of the dedication to incorporate therein the first 
and second items above and also remove the thirty-year limit 
on leases and substitute therefor a maximum term of fity years 
as requested by the DeSoto Center Advisory Committee and the 
City of Bradenton. 



-22- 

MANATEE COUNTY - Dedication No. 24748(2051-41) 

The City of Bradenton and 

Robert P. Murray, Esquire, et al. 
Post Office Drawer BW, Lakeland, Florida 33802 

The City of Bradenton, as lessor, and Robert P. Murray, 
Henri Landwirth, John H. Quinn , John H. Glenn, Jr., and 
Murray Groves, Inc., as lessee, request approval of lease 
entered into between the lessor and lessee demising 3.9 acres 
of the DeSoto Center Project for a Holiday Inn (plus option 
on additional 3 acres for the motel project) . The lease is 
for an initial term of 50 years with an option to renew for 
20 years if not needed for public purposes by lessor. This 
lease was approved by the advisory committee (Blue Ribbon Ad 
Hoc Committee) . 

Under the terms of the dedication, the Trustees reserved the 
right to approve all franchises and leases entered into with 
the City of Bradenton and involving property in the DeSoto 
Center. 

The legal staff reviewed the lease and finds that it contains 
many provisions inconsistent with the interest held by the 
city. It is the opinion of legal that approval of the lease 
would constitute a modification of the dedication as it applies 
to the leased area, and the Trustees would be estopped to deny 
the resulting waiver of rights vested in the Trustees under the 
dedication. 

Staff recommends disapproval of the lease in its present 
form and until the terms thereof are made consistent with th e 
dedication as amended by the Trustees to the date of execution 
of the amended lease. 



December 12, 1972 



207 



ACTION OF THE TRUSTEES: 

At the time of consideration of this dedication, Mayor A. K. 
Leach and Mr. Robert P. Murray were not in the audience. 

Motion was made by Mr. O'Malley, seconded by Mr. Christian 
and passed without objection, to approve the Executive Director's 
recommendation for approval of the lease provided the provision 
for 20-year option be deleted. 

Later during the meeting, Mr. O'Malley suggested that the Board 
hear Mr. Murray and Mr. Leach. The Governor stated that the 
deletion of the 2 0-year option had been approved subject to 
any evidence that might now be presented to cause change in 
that action. 

Mr. Murray urged approval of the 20-year option that was 
important to their financing and was supported by the city. 
He pointed out that at any time the city may take the property 
for public purposes and the title to the motel would go 
to the city at the end of the lease term. Mayor Leach added 
information regarding local endorsement of the proposal. 

It was the consensus of the members that increase of the lease 
term from thirty to fifty years was granted because this is in 
effect a quasi-public facility. 



-23- 

DUVAL COUNTY - Dredge and Fill Permit 16-21-0284 
(September 6, 1972) 

This application is on the December 12 agenda at the request 
of the Secretary of State. 

APPLICANT: Paul H. Gissendaner 

10884 High Ridge Road, Jacksonville, Florida 32225 

PROJECT: To construct a bulkhead and perform maintenance 
dredging in two existing canals. 

LOCATION: Section 31, Township 25 South, Range 29 East, 
San Pablo Creek, Duval County. 

MATERIAL: Approximately 15 00 cubic yards to be excavated from 
existing privately-owned canals and deposited behind 
the proposed bulkhead. 

PAYMENT: Not applicable as state-owned sovereignty land is 
not involved. 



STAFF 
REMARKS ; 



Field Operations - No objection. 



ECOLOGICAL 
RESPONSES: 



Department of Natural Resources - If the permit 
application is revised to preserve the valuable 
intertidal cord grass zone, the project would not 
seriously disturb marine biological resources of 
San Pablo Creek. 



Game and Fresh Water Fish Commission - We feel that 
the project will have deleterious effects on the area 
unless a silt diaper is erected at the mouth of each 
canal during dredging operations. 

Department of Pollution Control - No objection 
provided turbidity controls are utilized and all 
spoil is placed on the applicant's uplands. 

OTHERS: 1. The application has been revised to eliminate 

bulkhead construction in the area fronting San Pablo 
Creek as requested by the Department of Natural Resources, 



December 12, 1972 



208 



2. City of Jacksonville - No objection. 

Staff recommends issuance of Permit 16-21-0284 subject to the 
stipulations of the Game and Fresh Water Fish Commission. 

ACTION OF THE TRUSTEES: 

Motion was made by Mr. Stone, seconded by Mr. Christian and 
passed without objection, authorizing issuance of the permit 
subject to the stipulations of the Game and Fresh Water Fish 
Commission. 



-24- 

POLK COUNTY - Marina License No. ML-95 
(April 7, 1972) 



APPLICANT: 

PROJECT : 

LOCATION: 

MATERIAL : 

PAYMENT : 

STAFF 
REMARKS: 



R. F. Puterbaugh 

Post Office Box 165, Babson Park, Florida 33827 

Construction of marina facility covering 9,166 
square feet of sovereignty land in Crooked Lake. 

Section 6, Township 31 South, Range 28 East, 
Polk County. 

None. No dredging is required. 

$183.32 annual fee for marina license. 

Field Operations - Cody Cove is 1,500 feet wide. 
The proposed dock would extend 224 feet into the 
cove leaving 1,276 feet of open water for boating 
and skiing. 

ECOLOGICAL 

RESPONSES: Department of Natural Resources - Requested Game 

and Fresh Water Fish Commission to make the inspec- 
tion. 

Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control - No objection. 

OTHERS: 1. The majority of the Board of Directors, Defenders 
of Crooked Lake, object to the marina. 

2. Six letters received objecting to the marina. 

3. Five letters received in favor of the marina. 

4. Petition with 43 signatures received in favor of 
the marina. 

5. Petition with 23 signatures received in favor of 
the marina. 

6. Fifty-five post cards received in favor of the marina. 

7. One hundred fifty-one post cards received constituting 
a poll of the members of the Defenders of Crooked Lake. 
The results of the poll showed 123 votes against the 
marina, 26 for the marina, and 2 with no opinion. 

Staff recommends approval of Marina License ML-95 . 

ACTION OF THE TRUSTEES: 

Mr. Shevin asked for deferral as he thought there were some 
who did not know the matter was on the agenda. 

Mr. Kuperberg explained that the project had been modified 
three times as a result of objections of other residents on 
the lakefront, the preponderance of mail was in favor of the 



December 12, 1972 



209 

marina as a needed facility on the lake, and based on the last 
review the staff made a recommendation that the license be 
issued. He had no objection to deferral. 

Mrs. Kenneth Morrison had asked to be heard but expressed 
satisfaction that the matter will be deferred until January 3, 
1973. 

Mr. Jack Brandon of Lake Wales, attorney representing Mr. and 
Mrs. R. F. Puterbaugh, discussed background information on 
the application, stating that this was the only marina on 
Crooked Lake since 1959, the existing facility had deteriorated 
and had to be closed to the general public, the primary purpose 
of the application was to rebuild and improve this family-owned 
marina facility in a deep water cove. He had spoken for his 
client on two occasions to the Board of Directors of the 
Defenders of Crooked Lake and the plan was modified twice in 
a good faith effort in this regard. The attorney said that the 
quality of life on Crooked Lake would not be impaired by the 
marina facility as the reports of the environmental agencies 
would corroborate. 

On the request of the Attorney General, consideration of the 
application was deferred until January 3, 1973. 



-25- 

TRUSTEES' BUDGET 

Copies of this agency's 1973-74 Fixed Capital Outlay Budget 
request were distributed to the board members for review on 
December 6, 1972. 

Staff requests approval of 1973-74 Fixed Capital Outlay 
Legislative Budget request to allow formal submittal to 
the Department of Administration . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Stone, seconded by Mr. Christian and passed 
without objection, with the Governor abstaining, the Board 
approved the 1973-74 Fixed Capital Outlay Legislative Budget 
request. 



-26 & 27- 



HILLSBOROUGH COUNTY - Dredge Permit No. 29-24-0114 
(Item 26) (July 24, 1972) 

APPLICANT: Bay Dredging and Construction Company 
P. O. Box 1484, Tampa, Florida 

PROJECT: To dredge dead shell from submerged lands 

LOCATION: Tampa and Hillsborough Bays, Hillsborough County. 

MATERIAL: Approximately 300,000 cubic yards per year. 

PAYMENT: Not applicable. Submerged lands owned by Tampa 
Port Authority. 

STAFF 

REMARKS: Field Operations objects to the shell dredging 

operation per se as turbidity generated by dredging 
operations of this type is difficult to control. 

HILLSBOROUGH COUNTY - Dredge Permit No. 29-24-0115 
(Item 27) (July 25, 1972) 

APPLICANT: Benton and Company, Inc. 

870 Third Street South, St. Petersburg, Florida 

PROJECT: To dredge dead shell from submerged lands 



December 12, 1972 



210 



LOCATION: Tampa and Hillsborough Bays, Hillsborough County 

MATERIAL: Approximately 600,000 cubic yards per year 

PAYMENT: Not applicable. Submerged lands owned by 
Tampa Port Authority. 

STAFF 

REMARKS: Field Operations objects to the shell dredging 

operation per se as turbidity generated by dredging 
operations of this type is difficult to control. 

ECOLOGICAL 

RESPONSES: Department of Natural Resources - In view of efforts 
(26 and 27) being made to conserve marine habitat and improve water 
quality in Tampa Bay and Hillsborough Bay, serious 
consideration should be given to phasing out shell 
dredging. 

Game and Fresh Water Fish Commission - We recommend 
against this project due to the destruction of 
biological resources that would occur. 

Department of Pollution Control - Indications are 
that the proposed shell dredging has had and will 
continue to have definite adverse effects on local 
water quality. The applications, as submitted, 
should not be approved. 

OTHERS: Tampa Port Authority issued permit. 
Staff recommends issuance of Permit No. 29-24-0114 to Bay 
Dredging and Construction Company, and Permit No. 29-24-0115 
to Benton and Company, Inc., subject to the following stipula- 
tions : 

1. Installation of an electronic positioning system similar 
to that utilized by Radcliff Materials in Mobile Bay so that 
a permanent record of dredge sites can be maintained, this 
system to be installed within 6 months of the date of permit. 

2. Proposed dredging areas should be designated at least one 
month in advance so that an inspection could be conducted 
before operations commence. The inspection will consist of 
but not be limited to biological, sedimentological , and 
hydrological investigations funded by the applicants. The 
report of such investigations will be made available for 
review by the environmental agencies. Trustees' staff will 
approve or deny use of each site on the basis of environmental 
agency recommendations. 

3. No dredging will occur in Class II waters. 

4. Dredging equipment shall be modified as necessary to bring 
the operation within applicable water quality standards 
utilizing advances in the state of the art. A progress report 
will be presented to the Trustees in 6 months with compliance 
expected within one year. 

5. The volume of shell to be dredged will not exceed one 
million cubic yards per year per applicant. 

6. Dredge cuts shall be made parallel to the axis of current 
flow. 

7. Permits shall be reviewed each year. Said review shall 
consider all new data relating to shell dredging gathered 
throughout the preceeding year. 

8. Violation of any of the foregoing conditions shall be 
grounds for revocation of permit. 

ACTION OF THE TRUSTEES : 

Motion was made by Mr. Christian, seconded by Mr. Stone, to 
approve the staff recommendations. 



December 12, 1972 



211 

Attorney General Shevin called attention to the Department of 
Natural Resources comment that serious consideration should be 
qiven to phasing out shell dredging. He noted the electrons 
of environmental agencies, indication of decreasing need for 
shell, and asked if there might be an end to this type of 
activity or if the objections were no longer viable. 

Mr Kuperberg said there were present members of the environmental 
agencies who might wish to speak on this confusing problem, that 
the staff had commissioned a study by Dr. John L. Taylor for 
which the shell dredging industry contributed the cost into 
a trust fund, that the environmental agencies knew of the _ 
study and agreed that the long-range effects of shell dredging 
were not as deleterious as had been believed. The stipulations 
had been drawn up by the environmental agencies and accepted 
by the applicants. 

Governor Askew added that they would be prohibited from 
dredging in Class 2 waters and that the Taylor report indicated 
that dredging under controlled circumstances may not be 
deleterious. 

Mr. Randolph Hodges, Director of the Department of Natural 
Resources, said he recommended the in-depth study for which 
the industry contributed the cost, recommended a long-range 
study and agreed with the stipulations recommended on the agenda. 

On the motion by Mr. Christian, seconded by Mr. Stone, passed 
without objection, the Trustees approved issuance of Permit 
No 29-24-0114 to Bay Dredging and Construction Company and 
Permit No. 29-24-0115 to Benton and Company, Inc., subject to 
the stipulations recommended by the staff of the Trustees and 
the environmental agencies. 



-28- 



On motion by Mr. Dickinson, seconded by Mr. O'Malley and 
passed without objection, the rules were waived and ■ the 
minutes of November 14, 1972, were approved as submitted, 



Attorney General Shevin brought up the Estero Bay Aquatic 
Preserve and asked the Director for background information 
on a question that had arisen as to whether or not inadver- 
tently the cabinet had conveyed certain land in the preserve. 
The Attorney General said he had found in the minutes of action 
of the former administration that on December 8, 1970, the 
then Board of Trustees had approved a boundary line agreement 
on the basis that the land adjoined the aquatic preserve. When 
the present members signed the deed in September it was under 
the same premise, and if there was any error the Attorney General 
thought it might be corrected even at this late date He asked 
the Executive Director to have the property surveyed and determine 
if the claims of those who contend the land is within the 
aquatic preserve are valid, and whether any further legal 
action might be taken. 

Mr. Kuperberg explained that such a survey would P^J^ £*| 
six months or more by several survey crews, of which th ^ Trustees 
have only two for the whole state. He stated that the boundary 
agreement was entered into on. December 8, 1970, in response to 
a court suit after the Wetstone suit, and the signing of the 
deed was a ministerial act on the part of the Trustees on the 
basis of a court settlement. He assured the Trustees the staff 
would not recommend that any part of the aquatic preserve be 
developed, that an owner was now in the process of acquiring 
the eastern shore of Estero Bay of which the tract would be 
a part. The applicant was well aware, Mr. Kuperberg stated, 
that the staff would not bring to the Board any plan not 
environmentally acceptable by today's standards, and after 
working with the staff almost a year this applicant had 
submitted one of the most environmentally enlightened plans 
the staff had reviewed. 



December 12, 1972 



212 



Governor Askew commented that all the Trustees had been 
concerned regarding this matter and the staff should determine 
whether or not any further action might be taken to assure 
the protection of that area. The Governor said he recognized 
that signing of the deed was purely a ministerial action 
pursuant to a court settlement, that the survey was the whole 
problem to begin with - whether to follow the meander line 
according to the Wetstone decision or whether the mean high 
water line could be found. The settlement had been accomplished 
to protect much property that would have been lost if the 
meander line had been adjudicated as in the Wetstone case. 

The Executive Director was requested to review the matter 
and make a further recommendation to the Trustees. 



On motion duly adopted, the meeting was adjourned, 




GOVERNOR - CHAIRMAN 



ATTEST: 




RESOLUTION 

OF 

THE TRUSTEES OF THE INTERNAL IMPROVEMENT 
TRUST FUND OF THE STATE OF FLORIDA 



WHEREAS , the Trustees of the Internal Improvement Trust 
Fund of the State of Florida (Trustees) have previously attempted 
to convey certain lands described on Exhibit "A" attached here- 
to and made a part hereof, the same as if set out in full herein, 
to the United States Government for use .as the Biscayne National 
Monument , and 

WHEREAS, the Trustees have on several prior occasions 
recognized that such conveyance would be in the best interest of 
the beneficiaries of the Trust, to wit, the people of the State 
of Florida. (Resolution of Trustees dated July 9, 1968, attached 
as Exhibit "B" , Resolution of Trustees dated May 20, 1969, 
attached as Exhibit "C", "Offer to Sell Real Property" entered 
into on May 20, 1969, between Trustees and the United States of 
America through its agent, Department of the Army, attached as 
Exhibit "D") , and 

WHEREAS, pursuant to the provisions of Section 253.62, 
Florida Statutes 1970 Supplement, the Trustees of the Internal 
Improvement Trust Fund of the State of Florida are authorized 
to convey to the United States of America state-owned lands in 
Dade County, held by the Trustees within the boundary of the 
proposed Biscayne National Monument, for the establishment of 
said Biscayne National Monument as set forth in Public Law 
90-606 of the United States, for the preservation and protection 
of terrestrial, marine and amphibious life for the enjoyment 
of present and future generations, and 

WHEREAS, the Secretary of the Interior, pursuant to the 
provisions of Public Law 90-606 of the United States, is 
authorized to accept title to said lands for the aforesaid 
puposes and for inclusion within the Biscayne National Monument 
and 



December 12, 1972 



213 



WHEREAS, the United States Department of the Interior 
on June 12, 1970, declared the Biscayne National Monument 
established pursuant to the Public Law 90-606 of the United 
States (See 35 Fed. Reg. 9935), and 

WHEREAS , the Circuit Court of the Second Judicial 
Circuit, in and for Leon County, Florida, entered its Order 
on October 23, 1970, holding that Chapter 70-364 (Section 253.62, 
Florida Statutes 1970 Supplement) vests in the Trustees the 
authority to convey or contract to convey, all public bottoms or 
lands lying within the proposed Biscayne National Monument and 
one of the methods approved in said Order is by agreement for 
judgement in condemnation. 

NOW THEREFORE BE IT RESOLVED BY THE TRUSTEES OF THE INTERNAL 
IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, in consideration 
of the direct benefit to the people of the State of Florida by 
virtue of the United States of America's agreement to preserve 
the lands and bottom lands described on Exhibit "A" in a natural 
state for the enjoyment of present and future generations and 
for the accomplishment of the purposes contemplated within the 
purposes of said Public Law 90-606 of the United States, and 
under authority of and in accordance with the provisions of 
Section 253.62, Florida Statutes 1970 Supplement, the Trustees 
of the Internal Improvement Trust Fund of the State of Florida, 
do hereby reaffirm their agreement with the United States of 
America (for the purpose of creating the Biscayne National Monu- 
ment) , that the lands described in Exhibit "A" attached shall 
be condemned by the United States of America in the suit of 
United States of America vs. 95,064 Acres of Land situate in 
Dade County, Florida, and the State of Florida , now pending in 
the United States District Court for the Southern District of 
Florida (Civil Action 70-477) for the sum of One ($1.00) Dollar 
and the consideration recited herein, and do hereby further agree 
to enter into a stipulation for entry of a judgement in condem- 
nation, provided that such judgement shall not be finally entered 
until all other non-federally owned lands and bottom lands within 
the monument are acquired by the United States of America by gift, 
purchase or condemnation. 

IN WITNESS WHEREOF, the Trustees have subscribed their 
names and caused the seal of the State of Florida, Board of 
Trustees of the Internal Improvement Trust Fund to be hereunto 
affixed, this 14 day of December , 1972. 



REUBIN O'D. ASKEW 



Governor 
RICHARD STONE 



Secretary of State 

ROBERT L. SHBVIN 

Attorney General 

THOMAS D. O'MALLEY 
Treasurer 

FRED 0. DICKINSON, JR. 



Comptroller 

DOYLE CONNER 

Commissioner of Agriculture 

FLOYD CHRISTIAN 

Commissioner of Education 

As and constituting the State of 
(SEAL) Florida Board of Trustees of the 

Internal Improvement Trust Fund 



December 12, 1972 



214 



Tallahassee, Florida 
January 3, 1973 



The State of Florida Board of Trustees of the Internal 
Improvement Trust Fund met on this date in the Haydon 
Burns Auditorium with the following members present: 



Reubin O'D. Askew 
Richard (Dick) Stone 
Robert L. Shevin 
Fred 0. Dickinson, Jr , 
Thomas D. O'Malley 
Floyd T. Christian 
Doyle Conner 



Governor 

Secretary of State 

Attorney General 

Comptroller 

Treasurer 

Commissioner of Education 

Commissioner of Agriculture 



Joel Kuperberg 



SANTA ROSA COUNTY 



Executive Director 



-1- 



Advertise for Oil and Gas Lease 
(November 8, 1972) 



APPLICANT; 



REQUEST: 



LOCATION: 



Sun Oil Company 
Dallas , Texas 

Advertise for bids for an oil and gas lease. 

NW% of SE% of Section 13, Township 5 North, 
Range 30 West, less the North 66 yards, containing 
34 surface acres and 17 net mineral acres in 
Santa Rosa County two miles southwest of the 
Town of Jay. 



INTEREST 
OF STATE: 



The State of Florida under Chapter 18296, Acts 
of 1937 (Murphy Act) , holds an undivided reserved 
one-half interest. Proceeds from the lease will 
go to General Revenue unallocated. 

The surface of this land is in private ownership. 

The request has been reviewed by the Director of Interior 
Resources, Department of Natural Resources, who concurs in 
the following recommendation. 

Recommend advertising for sealed bids for a five-year primary 
term lease with annual rental of $1 per net mineral acre, 1/6 
royalty, $50,000 surety bond and at least one test well every 
2^ years drilled to 6,000 feet or to a depth sufficient to test 
the Norphlet Sands, whichever is deeper . 

ACTION OF THE TRUSTEES : 

On motion by Mr. Christian, seconded by Mr. Conner and passed 
unanimously, the Trustees authorized advertisement of the 
lease for sealed bids. 



-2- 

ESCAMBIA COUNTY - Oil Lease Public Hearing 

On November 17, 1972, a public hearing was held in the Town 
Hall of the Town of South Flomaton, Florida, as required 
by Section 253.52, Florida Statutes, to give all interested 
persons an opportunity to be heard with respect to issuance 
of two proposed oil and gas drilling leases. 

One proposed lease covers the interest of the State (Murphy Act) 
in several scattered parcels in Township 5 North, Range 31 West 
and Township 6 North, Range 31 West, Escambia County, containing 
102.22 net mineral acres. Humble Oil and Refining Company 



January 3, 1973 



215 



submitted the high bid of $107,426 for the lease on October 17, 
1972. All proceeds from this lease will go to General Revenue 
unallocated . 

The second proposed lease covers the interest of the Department 
of Transportation in portions of State Road 4, State Road 4 -A 
and State Road 168 in Township 5 North, Range 31 West and 
Township 6 North, Range 31 West, Escambia County, containing 
84.61 net mineral acres. Humble Oil and Refining Company 
submitted the high bid of $5,052 for the lease on October 31, 
1972. All proceeds from this lease will go to the Department 
of Transportation. 

Notice of the public hearing was published the required one 
time in the Pensacola News-Journal . No one appeared at the 
hearing in opposition to issuance of the two leases. 

It is recommended that each lease be issued to Humble Oil and 
Refining Company, the high bidder . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Dickinson, seconded by Mr. Christian and passed 
unanimously, the Trustees authorized issuance of the two oil 
and gas drilling leases to Humble Oil and Refining Company, 
the high bidder. 



HENDRY COUNTY 



-3- 

Oil Lease Assignment 
(October 30, 1972) 



APPLICANT: Robert Mosbacher 

1300 Main Street, Houston, Texas 7002 

REQUEST: Robert Mosbacher, holder of State Drilling Lease 
No. 2610, requests consent and approval to assign 
a 50% interest in lease to Shell Oil Company and 
a 25% interest in lease to Sun Oil Company. 

LOCATION: 880 net mineral acres being one-half interest of 
the Trustees in W^ of Section 19, N% and SW% of 
Section 21, Nh of Section 29 and all of Section 31 
in Township 46 South, Range 31 East, Hendry County. 

LEASE TERM: Five years from August 1, 1972. 

Executed instrument of assignment has been filed and approved 
as to form by the Trustees' legal staff. 

Recommend approval and consent to assignment . 

ACTION OF THE TRUSTEES : 

Motion was made by Mr. Christian, seconded by Mr. Stone and 
Mr. Conner, and passed unanimously, approving and consenting 
to the lease assignment. 



-4- 

DUVAL COUNTY - Road Right of Way Easement 
(November 1, 1972) 

APPLICANT: City of Jacksonville 

Department of Housing and Urban Development 

220 East Bay Street, Jacksonville, Florida 32202 

REQUEST: Easement for public road widening purposes. 

LOCATION: The easterly 21 feet of a parcel fronting 180.5 
feet on Pearl Street owned by the Trustees in 
use by the Division of Health, Department of 
Health and Rehabilitative Services, in Section 37, 
Township 2 South, Range 26 East, Duval County. 



January 3, 1973 



216 



The purpose of the easement is to allow the widening of Pearl 
Street and construction of a new bridge across Hogan Creek. 

The Department of Health and Rehabilitative Services has 
reviewed and approved the easement. 

Recommend issuance of the easement to the City of Jacksonville 
for public road purposes . 

ACTION OF THE TRUSTEES : 

Motion was made by Mr. Dickinson, seconded by Mr. O'Malley and 
passed unanimously, authorizing issuance of the right of way 
easement for public road purposes. 



HIGHLANDS COUNTY 



-5- 

Water Line Easement 
(October 9, 1972) 



APPLICANT: City of Avon Park 

REQUEST: An easement for water and utility purposes across 
state land in use by the Department of Health and 
Rehabilitative Services as the Alcoholic Rehabili- 
tation Center near Avon Park. 

LOCATION: A twenty-foot wide strip 3,14 2 feet long in 

Sections 34 and 35, Township 33 South, Range 28 
East, Highlands County. 

The easement requested covers the water line constructed by 
the state at the time the Alcoholic Rehabilitation Center was 
built. In order to insure accessibility for future maintenance 
and repair of the water line, the city desires an easement for 
this purpose. 

The Department of Health and Rehabilitative Services has 
reviewed and approved the easement. 

Recommend issuance of an easement to the City of Avon Park for 
water and utility purposes only . 

ACTION OF THE TRUSTEES: 

Motion was made by Mr. O'Malley, seconded by Mr. Dickinson 
and passed unanimously, authorizing issuance of the easement 
to the City of Avon Park for water and utility purposes only. 



-6- 



PALM BEACH COUNTY 



APPLICANT: 



REQUEST : 



DESCRIPTION; 



Department of Transportation 
Tallahassee, Florida 

A 50-year lease of a 2.18-acre parcel of land 

at Glades Correctional Institution at Belle Glade 

for use as a maintenance facility. 

Part of Lot 5, Section 20, Township 43 South, 
Range 37 East, Palm Beach County. 

The parcel is located next to the Palm Beach County office and 
maintenance yard, Everglades Fire Control office, Department 
of Agriculture office, South Florida Conservancy District 
office and State Road No. 15. 

As this parcel is under the use and control of the Department 
of Health and Rehabilitative Services and a part of the 
Glades Correctional Institution, that Department reviewed 
and approved the transfer of this property to the Department 
of Transportation for a maintenance facility. 



January 3, 1973 



217 



Recommend leasing the 2.18-acre parcel to the Department of 
Transportation for 50 years for location of a maintenance 
facility . 

ACTION OF THE TRUSTEES : 

Motion was made by Mr. Christian, seconded by Mr. Stone and 
passed unanimously, approving lease of the parcel of land to 
the Department of Transportation as requested. 



-7- 

POLK COUNTY - Right of Way Easement File 2410-53-253.03 
(November 15, 1972) 



APPLICANT: 



PROJECT: 



LOCATION: 



MATERIAL 
PAYMENT : 



STAFF 
REMARKS : 



ECOLOGICAL 
RESPONSES: 



OTHERS : 



Department of Transportation 

Haydon Burns Building, Tallahassee, Florida 

Bridge construction across the Peace River for 
State Road No. 700. No dredging or filling of 
sovereignty land is required. 

1.01-acre parcel of sovereignty land in Peace River 
abutting the Southwest quarter of the Southeast 
quarter, Section 26, Township 31 South, Range 25 
East, Polk County. 

Not applicable. 

Not applicable. 



Not applicable. 

Department of Natural Resources - No objection. 

Game and Fresh Water Fish Commission - No objection, 

Department of Pollution Control - No objection. 

The Department of the Army, Corps of Engineers, 
interposed no objection to the project. 



Staff requests authority to issue the right of way easement 
subject to acquisition of the adjoining uplands by the 
Department of Transportation . 

ACTION OF THE TRUSTEES: 

Motion was made by Mr. O'Malley, seconded by Mr. Dickinson 
and Mr. Conner, passed unanimously, authorizing issuance of 
the right of way easement to the Department of Transportation 
subject to acquisition of the adjoining uplands by that 
Department. 



BROWARD COUNTY - Bulkhead and Fill Permit 253.124-24 5 
(April 11, 1972) 

APPLICANT: City of Pompano Beach 

Richard C. Mills, City Engineer 
Post Office Drawer 1300 
Pompano Beach, Florida 33060 

PROJECT: To construct a bulkhead and backfill submerged 

lands along the easterly shore of the Intracoastal 
Waterway under the provisions of Chapter 253.124(8) 
Florida Statutes. 

LOCATION: Approximately 756 feet south of Northeast 14th 
Street, Pompano Beach, Florida in Section 30, 
Township 4 8 South, Range 43 East, Broward County. 



January 3, 1973 



MATERIAL : 



PAYMENT : 



STAFF 
REMARKS . 



218 



250 cubic yards of backfill material to be obtained 
from upland sources. 



Not applicable. 
Field Operations 



No objection. 



ECOLOGICAL 
RESPONSES: 



Department of Natural Resources - To avoid creating 
a pocket, the seawall should be located as proposed 
by the applicant. To compensate for the elimination 
of intertidal rubble, riprap should be placed along 
the proposed seawall. Riprap provides habitat for 
various marine organisms and dissipates wave energy. 

Game and Fresh Water Fish Commission - The subject 
area is one of the few remaining unbulkheaded 
shorelines along this section of the Intracoastal 
Waterway. Properties immediately north and south 
have already been bulkheaded and filled, making the 
subject area into what appears to be a stagnant pocket, 
If the area is a pocket we would expect productivity 
to decline in the future. However, the area is 
presently productive, and we recommend that it not 
be filled because of the biological destruction that 
would take place. 

Department of Pollution Control - Construction of 
bulkhead adjacent to existing bulkhead is considered 
exempt from the certification requirements of Public 
Law 91-224. 

NOTES: 1. Petition by 32 residents received in favor of the 
bulkhead construction. 

2. Affidavits from two disinterested parties received, 
attesting to loss of land due to artificially 
induced erosion. 

3. City of Pompano Beach has declared the subject area 
to be a health hazard. 

Staff recommends issuance of Permit 253.124-245 with the stipula- 
tion that riprap be placed along the face of the seawall . 

ACTION OF THE TRUSTEES: 

Motion was made by Mr. Dickinson, seconded by Mr. O'Malley and 
passed unanimously, approving issuance of Permit No. 253.124- 
245 with the stipulation that riprap be placed along the face 
of the seawall. 



BROWARD COUNTY 



-9- 

Fill Permit 253.124-244 
(March 21, 1972) 



APPLICANT: City of Pompano Beach 

c/o Richard C. Mills, City Engineer 
Post Office Drawer 1300 
Pompano Beach, Florida 33060 

PROJECT: To reconstruct a previously existing bulkhead that 
failed and allowed erosion of uplands due to boat 
wakes . 

LOCATION: Approximately 860 feet north of Atlantic Boulevard 
on the West shore of the Intracoastal Waterway; 
Lots 17, 18 and 19, Block 5, Harbor Village, 
Section B, Broward County. 

MATERIAL: Fill to be obtained from upland sites. 



January 3, 1973 



219 



PAYMENT : 



Not applicable. 



STAFF 

REMARKS: Field Operations - No objections 



ECOLOGICAL 
RESPONSES: 



Department of Natural Resources - Bottoms in the 
subject area are not vegetated. Unprotected 
portions of the subject shoreline are exposed to 
eroding forces of boat wakes. The proposed seawall 
would not have significant adverse effects on 
marine biological resources. Rubble from the 
deteriorating seawall to be removed could be. placed 
waterward of the proposed seawall as riprap. 

Game and Fresh Water Fish Commission - The subject 
area is one of the few remaining shallow, rock 
shorelines along this section of the Intracoastal 
Waterway. These habitats must be preserved to 
maintain the present diversity and abundance of 
organisms. Therefore, we recommend that the seawall 
be constructed along the existing high water line 
and that no fill be placed on submerged lands. 

Department of Pollution Control - No objection. 

NOTES- 1. The city commission ordered work to be done by city 
due to failure of upland owner to comply with city 
directive to build the wall. 

2 Two affidavits have been received concerning the 
loss of land due to artificially-induced erosion. 

3. The city has agreed to the placement of riprap in 
front of the proposed seawall. 

Staff recommends issuance of Permit 253.124 -244 with the stipu- 
lation that riprap be placed in front of t he seawall. 

ACTION OF THE TRUSTEES: 

Motion was made by Mr. Dickinson, seconded by Mr. O'Malley and 
passed unanimously, approving issuance of the fill P e ™it 
with the stipulation that riprap be placed in front of the 
seawall. 



DUVAL COUNTY 



APPLICANT : 



PROJECT : 



LOCATION: 



MATERIAL : 



PAYMENT : 



-10- 

Dredge Permit No. 253.123-721 
(October 20, 1972) 

Fred L. Ahern 

c/o Harbor Engineering Company 

1039 Flagler Avenue, Jacksonville, Florida 

To revise an existing permit approved by the Board 
of Trustees April 11, 1972, to include the use 
of two previously utilized spoil sites. 

Approximately 3,000 feet and 6,000 feet south- 
westerly of the Intracoastal Waterway in Section 
41, Township 2 South, Range 29 East and Section 25, 
Township 2 South, Range 28 East respectively, 
Duval County. 

Not applicable. 

Not applicable. 



STAFF REMARKS: 



Field Operations - No objection provided spoil 
areas are diked prior to depositing material. 



RESPONSES: Department of Natural Resources - The spoil area 
has been revised to include only uplands and 



January 3, 1973 



220 



previously used spoil sites. As the revised project 
meets with recommendations set forth in our previous 
report dated January 14, 1971, the project should 
not have significant adverse effects on marine 
biological resources . 

Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control - No objection. 

Staff recommends approval of modification to Permit 253.123-721 
provided the spoil areas are adequately diked prior to deposi- 
tion of material . 

ACTION OF THE TRUSTEES : 

Motion was made by Mr. O'Malley, seconded by Mr. Stone and 
passed unanimously, that modification of the permit be approved 
subject to the provision recommended by the staff for adequate 
diking of the spoil areas prior to deposit of the material. 



ESCAMBIA COUNTY 



-11- 

Dredge and Fill Permit 17-31-0119 
(August 15, 1972) 



APPLICANT: 



PROJECT : 



LOCATION ; 



MATERIAL ; 



PAYMENT : 



STAFF 
REMARKS 



City of Pensacola 

c/o Harry S. Ely, Jr., City Engineer 

Post Office Box 1471, Pensacola, Florida 32502 

To dredge to improve navigation, conduct limited 
filling of submerged land, install 700 feet of 
riprap seawall and construct a weir across an 
existing canal. 

Pensacola Bay, northerly shore approximately 3/4 
mile east of Bayou Chico Waterway. 

4,3 00 cubic yards of material to be removed from 
sovereignty lands . 

Not applicable. Spoil to be deposited on city- 
owned uplands. 



Field Operations - No objection, 



ECOLOGICAL 

RESPONSES: Department of Natural Resources - Dredging bottoms 
in the channel and canal should have only limited 
adverse effects on marine biological resources. 
Care should be taken to control siltation. Also, 
efforts should be made to properly construct and 
maintain dikes to prevent spoil overflow onto 
nearby bay bottoms. 

Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control - No objection. 

Staff recommends issuance of Permit 17-31-0119 subject to the 
recommendations of the Department of Natural Resources and 
the maintenance of adequate spoil area dikes . 

ACTION OF THE TRUSTEES : 

On motion by Mr. O'Malley, seconded by Mr. Stone and passed 
unanimously, the Trustees approved issuance of the permit 
subject to the recommendations of the Department of Natural 
Resources and the maintenance of adequate spoil area dikes. 



January 3, 197 3 



221 



-12- 

This application from Indian Lake Maintenance, Inc., was 
withdrawn, modified and shown as item 37 in these minutes. 



-13- 

PUTNAM COUNTY - Dredge Permit 253.123-990 
(January 25, 1972) 

APPLICANT: O. E. McClain ->oonc 

AP 1307 East 12th Street, Jacksonville, Florida 32206 

PROJECT- To construct a canal and turning basin with boat 
P ramp 50' x 50' x -6', also a navigation channel 

150' x 30' x -6' . 

LOCATION: Crescent Lake, Section 2, Township 12 South, 
Range 27 East, Putnam County. 

MATERIAL: Approximately 400 cubic yards of material will 
be removed from sovereignty land and placea 
on privately owned upland. 

PAYMENT: $200 has been received for the material at standard 
rates. 



STAFF 
REMARKS 



Field Operations - No objection. 



RESPONSES: Department of Natural Resources -Deferred to 
Game and Fresh Water Fish Commission. 

Game and Fresh Water Fish Commission - No objections 
provided: 

1. The combined length of the canal and turning 
basin should not exceed 50 feet. 

2 A plug should remain in the canal outlet 
until all upland dredging is completed to minimize 
turbidity problems. 

3 Spoil from the upland dredging should be used 
to build a small dike to prevent the spoil pumped 
from the navigation channel from returning to the 
lake. 

Department of Pollution Control - No objections. 

NOTE: The applicant has agreed to the stipulations of the 
Game and Fresh Water Fish Commission. 

Staff recommends issuance of Dred g e Pe rmi t 253.123-990 with 
the stipulations r ecommended by the Game and F resh Water fcisn 
Commission. 

ACTION OF THE TRUSTEES: 

On motion by Mr. O'Malley, seconded by Mr. Stone and Mr. 
CnrTstian, passed unanimously, the Trustees approved issuance of 
the dredge permit subject to the above three stipulations 
recommended by the Game and Fresh Water Fish Commission. 



-14- 

PUTNAM COUNTY - Dredge Permit No. 54-25-0225 
(November 2, 1972) 

APPLICANT: E. G. Cremer ,,... 

Route 3, Box 335, Palatka, Florida 32077 

PROJECT- To dredge part of an embankment along an existing 
canal in the St. Johns River. The excavation 
will be 50 feet wide by 100 feet long. 



January 3, 1973 



222 



LOCATION; 



MATERIAL : 



PAYMENT : 



STAFF 
REMARKS: 



Section 4, Township 11 South, Range 26 East, 
Putnam County. 

1,200 cubic yards of upland to be dredged and 
placed on adjacent uplands. 

None. State-owned submerged lands not involved, 
Field Operations - No objection. 



ECOLOGICAL 

RESPONSES: Department of Natural Resources - No objection. 

Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control - No objection. 

OTHERS: Board of County Commissioners of Putnam County 
approved application on September 21, 1972. 

Staff recommends issuance of Permit No. 54-25-0225. 

ACTION OF THE TRUSTEES: 

On motion by Mr. O'Malley, seconded by Mr. Stone and passed 
unanimously, issuance of the dredge permit was approved. 



-15- 

VOLUSIA COUNTY - Dredge Permit No. 253.123-1182 
(June 15, 1972) 



APPLICANT : 



PROJECT : 



LOCATION: 



MATERIAL ; 



PAYMENT : 



STAFF 
REMARKS 



Hall Lodge, Inc. 

c/o C. R. Lucas 

Route 1, Box 119, Astor, Florida 32002 

To dredge an existing boat basin and channel 
connected to St. Johns River and deposit spoil 
on lodge property within basin. 

Section 29, Township 15 South, Range 2 8 East, east 
shore of St. Johns River, immediately south of 
State Road No. 40, Astor, Volusia County. 

30,000 cubic yards of material to be dredged from 
privately-owned submerged lands. 

Not applicable. 



Field Operations - No objection provided spoil 
area is diked prior to dredging and turbidity 
curtains used at confluence with river during 
operations. Also, recommend decreasing the depth 
from -12 feet to -8 feet. 



ECOLOGICAL 

RESPONSES: Department of Natural Resources - Deferred to 
Game and Fresh Water Fish Commission. 

Game and Fresh Water Fish Commission - No objection, 
provided the outlet canal is diapered throughout the 
operation to prevent introduction of turbidity into 
the river. 

Department of Pollution Control - No objection. 

Staff recommends issuance of Permit No. 253.123-1182 provided 
the spoil area is diked prior to dredging, turbidity curtains 
are utilized, and the depth is limited to -8' mean low water. 



January 3, 19 7 3 



223 



ACTION OF THE TRUSTEES: 

On motion by Mr. O'Malley, seconded by Mr. Stone and passed 
unanimously, issuance of the permit was authorized subject 
to the provisions recommmended by the staff and the Game and 
Fresh Water Fish Commission. 



-16- 

COLLIER COUNTY - Artificial Reef Permit 11-32-0173 
(September 25, 1972) 

APPLICANT: Naples Cruise Club, Inc. 
c/o Edward F. Venn 
1876 5th Street South, Naples, Florida 33940 

PROJECT: Re-establish an artificial reef. 

LOCATION: Gulf of Mexico approximately 4,250 yards offshore 

of Naples Municipal Pier. Approximately 81 degrees 
50' 45" West Longitude, 26 degrees 07' 45" North 
Latitude . 

MATERIAL: Approximately 10,000 auto tires weighted with 
concrete initially, plus discarded concrete 
material for stability depending upon availability 
5 feet above natural bottom with 16 feet water 
cover (21 feet depth) . 

PAYMENT: Not applicable. 



STAFF 
REMARKS 



Field Operations - No objection. 



ECOLOGICAL 
RESPONSES: 



OTHERS : 



Department of Natural Resources - We heartily 
endorse the construction of artificial fishing 
reefs in selected sites in Florida's offshore 
waters. Periodic remedial measures must be taken 
and the Naples Cruise Club is to be commended for 
meeting their responsibilities. Great care must 
be taken to insure that the "discarded concrete 
materials" are large conglomerates which will not 
fragment. Also, the tires must be weighted and 
otherwise secured to prevent their movement. 

Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control - No objection. 

Endorsed by City Council Resolution 1808 
November 20, 1972. 



Staff recommends issuance of Artificial Reef Permit 11-32-0173 . 

ACTION OF THE TRUSTEES : 

On motion by Mr. Stone, seconded by Mr.. Dickinson and passed 
unanimously, the Trustees approved issuance of the artificial 
reef permit to Naples Cruise Club, Inc. 



-17- 

DADE COUNTY - Artificial Reef Permit No 2518 
(August 21, 1972) 

APPLICANT: Miami Sport Fishing Club 
Post Office Box 35 
Olympia Headquarters Station 
Miami, Florida 33165 

PROJECT: To revise original Permit No. 2518 to incorporate 
into the provisions of the permit metal relics 
consisting of trailer and container bodies used 
in oceanborne commerce . 



January 3, 1973 



224 



LOCATION: 



MATERIAL 



PAYMENT : 

STAFF 
REMARKS : 



Reef A - 25 degrees 25' 21" North Latitude, 

80 degrees 06' 45" West Longitude 

Reef B - 25 degrees 31' 41" North Latitude, 

80 degrees 05' 16" West Longitude 

Reef C - 25 degrees 33' 42" North Latitude, 

80 degrees 05' 02" West Longitude 

Trailer and container bodies used in oceanborne 
commerce, metal boat cradles, barges, ships and 
weighted tires. 

Not applicable. 

Field Operations - No objection. 



ECOLOGICAL 

RESPONSES: Department of Natural Resources - No objection. 

Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control - No objection. 

Staff recommends approval of modification of Artificial Reef 
Permit No. 2518 . 

ACTION OF THE TRUSTEES : 

On motion by Mr. Stone, seconded by Mr. O'Malley and passed 
unanimously, the Trustees authorized modification of the 
artificial reef permit as requested. 



-18- 

BROWARD COUNTY - Renewal of Marina License No. ML-39 
(November 7, 1972) 



APPLICANT: 

PROJECT : 
LOCATION: 

MATERIAL: 

PAYMENT : 

STAFF 
REMARKS : 



Jungle Queen, Inc. 

c/o McLaughlin Engineering Co. 

400 NE 3rd Avenue, Ft. Lauderdale, Florida 33301 

To renew ML-3 9 for one year. 

Section 17, Township 50 South, Range 42 East, 
South Fork of New River, Broward County. 

Not applicable. 

$100 minimum annual fee received. 



Field Operations - An on-site inspection revealed 
that the licensed installation is in good repair 
and constructed according to the permit drawing. 



ECOLOGICAL 

RESPONSES: Not applicable. 

Staff recommends renewal of ML-3 9 for one year at fee indicated , 

ACTION OF THE TRUSTEES : 

On motion by Mr. O'Malley, seconded by Mr. Stone and passed 
unanimously, renewal of Marina License No. ML-39 for one 
year was approved. 



-19- 

BROWARD COUNTY - Renewal of Marina License No. ML-47 
(November 6, 1972) 

APPLICANT: George Harrison 

Capital Growth Corporation 

3000 NE 32nd Avenue, Fort Lauderdale, Florida 



January 3, 1973 



225 



PROJECT : 
LOCATION: 

MATERIAL : 

PAYMENT : 

STAFF 
REMARKS : 



To renew ML-47 for one year. 

Section 30, Township 49 South, Range 43 East, 
Intracoastal Waterway, Broward County. 

Not applicable. 

$100 minimum annual fee received. 

Field Operations - An on-site inspection revealed 
that the authorized construction was conducted 
according to the terms of the engineer's drawing 
and that everthing is in order. 

ECOLOGICAL 

RESPONSES: Not applicable. 

Staff recommends renewal of ML-47 for one year at fee indicated . 
ACTION OF THE TRUSTEES: 

On motion by Mr. O'Malley, seconded by Mr. Stone and passed 
unanimously, renewal of Marina License No. ML-47 for one 
year was approved. 



COLUMBIA COUNTY 



-20- 

Marina License and Construction Permit 
No. 12-30-0130 
(August 9, 1972) 



APPLICANT : 

PROJECT : 

LOCATION: 

MATERIAL : 

PAYMENT : 

STAFF 
REMARKS : 



U. S. Forest Service 
U. S. Department of Agriculture 
Post Office Box 1050 
Tallahassee, Florida 32302 

To construct a public fishing pier in Watertown 
Lake, Columbia County, covering an area of 600 
square feet. 

Section 27, Township 3 South, Range 17 East, 
Watertown Lake, Columbia County. 

Not applicable. 

Request waiver of fee. 



Field Operations - No objection. Increased use 
may create problems associated with parking and 
refuse disposal. If this small lake is to be opened 
to greater use, consideration of the foregoing should 
be a factor. 



ECOLOGICAL 

RESPONSES: Department of Natural Resources - Deferred to Game 
and Fresh Water Fish Commission. 

Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control - No objection. 

Staff recommends issuance of Marina License and Construction 
Permit No. 12-30-0130 with waiver of fee, subject to adequate 
control of parking and litter problems" !! 

ACTION OF THE TRUSTEES: 

On motion by Mr. O'Malley, seconded by Mr. Stone and passed 

unanimously, the Trustees authorized issuance of Marina License 

and Construction Permit No. 12-30-0130 without fee, subject to 

adequate control of parking and litter problems. 



January 3, 1973 



226 



-21- 



DADE COUNTY - Marina License and Construction Permit 
No. 13-30-0177 
(September 7, 1972) 



Edward Porter 

c/o Lazaro Milton 

2700 Southwest 23rd Terrace, Miami, Florida 33145 

To construct a concrete deck to be located on 
applicant's property at 711 NE 2 3rd Terrace, 
Miami, Florida, covering 900 square feet. 

Lot 23 and South h of Lot 22, Bay Breeze Subdivision, 
Dade County. 

Not applicable. 

$100 minimum annual fee received. 



APPLICANT: 
PROJECT : 

LOCATION : 

MATERIAL: 

PAYMENT : 

STAFF 
REMARKS : 

ECOLOGICAL 

RESPONSES: Department of Natural Resources - No objection. 

Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control - No objection. 

Staff recommends issuance of Marina License and Construction 
Permit No. 13-30-0177 for one year at fees indicated. 

ACTION OF THE TRUSTEES : 

On motion by Mr. O'Malley, seconded by Mr. Stone and passed 
unanimously, the Trustees authorized issuance of Marina License 
and Construction Permit No. 13-30-0177 as recommended. 



Field Operations - No objection. 



-22- 

SARASOTA COUNTY - Renewal of Marina License ML-42 
(November 1, 1972) 



APPLICANT: 

PROJECT : 
LOCATION : 

MATERIAL : 

PAYMENT : 

STAFF 
REMARKS : 



ECOLOGICAL 
RESPONSES: 



Frederick F. Lutz 

1810 Phillippi Shores Drive, Sarasota, Florida 33581 

To renew ML-42 for one year. 

Section 7, Township 37 South, Range 18 East, 
Phillippi Creek, Sarasota County. 

Not applicable. 

$100 mimimum annual fee received. 



Field Operations - On-site inspection revealed 
construction has been in accordance with approved 
plans . 



Not applicable. 

Staff recommends renewal of ML-42 for one year at fee indicated , 

ACTION OF THE TRUSTEES : 

On motion by Mr. O'Malley, seconded by Mr. Stone and passed 
unanimously, the Trustees authorized renewal of Marina License 
ML-42 for one year as recommended. 



January 3, 1973 



227 



-23- 

GADSDEN COUNTY - Right of Way Easement File No. 2488-20-253.03 
(November 30, 1972) 

APPLICANT: Department of Transportation 

Haydon Burns Building, Tallahassee, Florida 32304 

PROJECT: Highway and bridge construction for Section 50001- 
2403, Road 8 (1-10), Little River. No dredging or 
filling of submerged land is required. 

LOCATION: 0.66-acre parcel of sovereignty land in Little River 
abutting Section 34, Township 2 North, Range 3 West, 
Gadsden County. 

PAYMENT : None . 

STAFF REMARKS: Not applicable. 

ECOLOGICAL 

RESPONSES: Department of Natural Resources - No objection. 

Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control - No objection. 

Staff requests authority to issue the Right of Way Easement . 

ACTION OF THE TRUSTEES : 

Motion was made by Mr. Christian, seconded by Mr. O'Malley and 
passed unanimously, authorizing issuance of the right of way 
easement to the Department of Transportation. 



-24- 

CHARLOTTE COUNTY - Bulkhead Line and Fill Permit 
No. 08-10-285 

At the applicant's request the Trustees deferred consideration 
of a bulkhead line adopted by the Board of County Commissioners 
of Charlotte County on August 22, 1972, and filling to reclaim 
lands lost by erosion. 



-25- 

BREVARD COUNTY - Dredge Permit No. 253.123-1188 

The applicant, Canaveral Port Authority, requested deferral 
of consideration of a dredge permit for the construction of 
a channel connecting an existing borrow pit to the Canaveral 
Barge Canal on Merritt Island, pending the outcome of a hearing 
by the Department of Pollution Control. 

Without objection, the Trustees deferred consideration of the 
dredge permit application. 



-26- 

PALM BEACH COUNTY - Construction Permit and Marina License 
No. 50-30-0141 
(August 30, 1972) 



APPLICANT; 



PROJECT : 



Acme Fish Company 

Felix and Pauline Lanes 

20th and Avenue B, Riviera Beach, Florida 33404 

To rebuild an existing commercial dock in 
Lake Worth, Palm Beach County. 



January 3, 1973 



228 



LOCATION: 

MATERIAL ; 

PAYMENT : 

STAFF 
REMARKS : 



Section 28, Township 42 South, Range 43 East, 
Palm Beach County. 

Not applicable. 

$201.40 annual fee received. 

Field Operations - No objection. 



ECOLOGICAL 

RESPONSES: Department of Natural Resources - No objection. 

Game and Fresh Water Fish Commission - No objection, 

Department of Pollution Control - No objection. 

Staff recommends issuance of Marina License and Construction 
Permit No. 50-30-0141 . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Stone, seconded by Mr. O 1 Mai ley and Mr. 
Dickinson, passed without objection, the Trustees approved 
issuance of Marina License and Construction Permit 50-30-0141. 



-27- 

PALM BEACH COUNTY - Marina License Renewal Permit No. ML-8 
(November 20, 1972) 

APPLICANT: Arvida Corporation 

7 01 South Ocean Boulevard 
Boca Raton, Florida 33432 



PROJECT : 
LOCATION: 

MATERIAL: 

PYAMENT : 

STAFF 
REMARKS : 

ECOLOGICAL 
RESPONSES: 



To renew ML-8 for one year. 

Section 29, Township 47 South, Range 43 East, 
Lake Boca Raton, Palm Beach County. 

Not applicable. 

$231.83 annual fee received. 

Field Operations - No objections. 



Not applicable. 

Staff recommends renewal of ML-8 for one year at fee indicated, 

ACTION OF THE TRUSTEES: 

On motion by Mr. Dickinson, seconded by Mr. Stone and passed 
without objection, the Trustees approved renewal of Marina 
License ML-8 as recommended. 



TAYLOR COUNTY 



■28- 



Marina License Renewal Permit No. ML-15 
(November 28, 1972) 



APPLICANT: 

PROJECT : 
LOCATION: 

MATERIAL : 



L. E. Files 

Post Office Box 109, Steinhatchee , Florida 32359 

To renew Marina License No. ML-15 for one year. 

Section 25, Township 9 South, Range 9 East, 
Taylor County. 

Not applicable. 



January 3, 1973 



PAYMENT 



229 



$100 minimum annual fee received 



STAFF , . 

REMARKS: Field Operations - No objection. 

ECOLOGICAL 

RESPONSES: Not applicable. 

Staff recommends issuance of ML- 1 5 for one year at fee indicated 
ACTION OF THE TRUSTEES: 

On motion by Mr. Dickinson, seconded by Mr. Stone and passed 
without objection, the Trustees approved renewal of Marina 
License ML- 15 as recommended. 



-29- 

ORANGE COUNTY - Drainage Easement 

Correction of Description 

APPLICANT: Board of County Commissioners of Orange County 
REQUEST : 



LOCATION: 



Drainage easement across a portion of the 
Sunland Training Hospital in Orlando, Florida. 

The East 100 feet of the SE^s of SW^a and South 40 
feet of West 124.84 feet of East 224.84 feet of the 
SE% of SW^ in Section 14, Township 22 South, Range 
28 East, Orange County, Florida. 

RESPONSES^ Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control - No objection. 

STAFF REMARKS: Field Operations has no objections. 

On April 8, 1972, the Board of County Commissioners of Orange 
County approved accepting a drainage easement across the hospital 
property for the benefit of Laurel Homes, Inc., a developer 
owning land south of the Hospital. The Department _ of Health and 
Rehabilitative Services had reviewed and approved issuance of 
the easement to the county, provided maintenance is assumed by 
the county. 

On September 19, 1972, the Trustees approved granting a non- 
exclusive drainage easement to Orange County as requested, 
but the description in the agenda item, recorded in the minutes 
and in the easement, was incorrect. The description should have 
been as follows: 

The East 100 feet of the SE^s of SW^ and 
South 40 feet of West 238.84 feet of East 
33 8.84 feet of the SE% of SWs in Section 14, 
Township 22 South, Range 28 East, Orange County, 
Florida. 

Reauest authority t o correct the descr iption to that shown 
Seinthe minutes of September 19, 19/ T T ^nd in E ase ment 
No.' 25349 dated Nov ember 15, 1972, to t he Board of County 
Commissioners of Orange County" ! 

ACTION OF THE TRUSTEES: 

On motion by Mr. O'Malley, seconded by Mr. Stone and passed 
without objection, the Trustees authorized the description 
to be corrected as requested, both in the minutes of September 
19 1972, and in Easement No. 25349 dated November 15, 1972, 
to 'the Board of County Commissioners of Orange County. 



January 3, 1973 



MANATEE COUNTY 



230 



-30- 

Construction Permit No. 
(December 7, 1972) 



41-39-0298 



APPLICANT: City of Bradenton 

Post Office Drawer 730 
Bradenton, Florida 33505 

PROJECT: To replace the existing deteriorated dam which 

creates the Ward Lake Reservoir. No dredging or 
filling will be involved. This reservoir is the 
sole raw water supply for the city of Bradenton. 

LOCATION: Section 15, Townsnip 35 South, Range 18 East, 
Braden River, Manatee County. 

MATERIAL: Concrete piling and rock rubble to come from 
upland sources. 

PAYMENT: City requests waiver of processing fee and biolog- 
ical report as project is in the public interest. 



STAFF 
REMARKS 



Dam was constructed in 1939. New structure will 
be of concrete piling driven as near as practical 
to the existing dam. Rock rubble will be placed 
on each side of dam for protection. 

NOTE: Environmental agencies were contacted regarding 

this emergency matter. All indicated there would 
be no objection to the project as described provided 
project is designed and constructed in such a way 
as to minimize turbidity resulting from construction. 

Staff recommends that the biological report be waived as 
provided under Section 253 . 123 (3) (a) Florida Statutes, that 
processing fee be waived as the project is in the public 
interest, and that Construction Permit 41-39-0298 be issued 
with the understanding that all possible precautions will be 
taken to minimize turbidity . 

ACTION OF THE TRUSTEES: 

On motion by Mr. O'Malley, seconded by Mr. Stone and passed 
unanimously, the Trustees waived the biological report as 
provided under Section 253 . 123 (3) (a) Florida Statutes for 
this work in the public interest, and approved issuance of 
Construction Permit 41-39-0298 provided all possible precau- 
tions will be taken to minimize turbidity resulting from the 
work at the Ward Lake Reservoir. 

Mr. Kuperberg said that while the staff had followed the 
procedure allowed by law permitting waiver of processing fees 
and studies, the environmental agencies were informally contacted 
and had no objections. 



-31- 



DUVAL 



NASSAU COUNTY 



Congressman Charles E. Bennett advised us that the prospects 
for the establishment of his proposed Florida Frontier River 
National Cultural Park in the Nassau Valley and down the 
Intracoastal Waterway to the St. Johns River are good for 197 3. 

He has requested that the Board of Trustees withhold issuance 
of permits for works in this area until the Congress has had 
opportunity to act on his bill. 

Staff recommends that the Board of Trustees withhold issuance 
of new construction permits in this area until after January 1, 
197 4. 



January 3, 197 3 



231 



ACTION OF THE TRUSTEES: 

Motion was made by Mr. Christian, seconded by Mr. O'Malley 
and passed unanimously, to withold issuance of new construc- 
tion permits until after January 1, 1974, in the area of the 
proposed Florida Frontier River National Cultural Park in the 
Nassau Valley and down the Intracoastal Waterway to the 
St. Johns River, as requested by Congressman Charles E. Bennett. 

On motion by Mr. O'Malley, seconded by Mr. Christian and 
passed without objection, the rules were waived for considera- 
tion of applications added to the original agenda. 

-32- 

The minutes of the meeting on November 29, 1972, were approved 
without objection. 



-33- 

ESCAMBIA COUNTY - Consideration of Oil and Gas Lease Bids 

APPLICANT: Humble Oil and Refining Company 
by G . Thomas Smith 
Pensacola, Florida 

REQUEST: Consideration of Oil and Gas Lease Bids. 

LOCATION: The state land under and surrounding Stone Lake 
in Section 12, Township 5 North, Range 31 West, 
and Section 7, Township 5 North, Range 3 West, 
Escambia County, containing 244 surface acres 
and 234 net mineral acres. 

INTEREST 

OF STATE: The Trustees hold fee title to this tract which 

is leased to the Game and Fresh Water Fish 

Commission for its use and benefit. 

Proceeds from this lease will go to the Game and Fresh Water 
Fish Commission. 

The right is reserved by the Game Commission to approve or 
disapprove the drilling of any wells proposed on the leased 
land surrounding the lake. The Game Commission has requested 
that the Commission be given an opportunity to review all bids 
received prior to award being made. 

The lease requires an annual rental of $1 per net mineral acre, 
1/6 royalty, $50,000 surety bond and at least one test well 
every 2^ years drilled to 6,000 feet or to a depth sufficient 
to test the Norphlet Sands, whichever is deeper. 

Invitation to bid was advertised pursuant to law in the 
Tallahassee Democrat and the Pensacola Journal with bids 
to be opened at 10:00 a.m. (EST) on January 3, 1973, for 
consideration by the Trustees. The right to reject any or 
all bids is reserved . 

Before lease can be issued, it is necessary to hold a public 
hearing to allow interested persons to be heard with respect 
to issuance of lease. The hearing is required by Section 
253.52, Florida Statutes, when a lease area lies within a 
radius of three miles of the boundary of any incorporated 
city or town. The corporate boundary of the Town of 
South Flomaton lies within three miles of the lease area. 

Recommend that James T. Williams of the Trustees' staff 
be designated to conduct the public hearing pursuant to 
law and report to the Trustees the results of the hearing . 



January 3, 1973 



232 



ACTION OF THE TRUSTEES: 



Mr. James T. Williams of the Trustees' office, Land Records 
Division, read the one bid received which was from Murphy Oil 
Corporation of El Dorado, Arkansas, in the total amount of 
$20,388.42 representing a bonus per net mineral acre of $86.13. 
He mentioned the request of the Game Commission to review the 
bids prior to award being made. 

On motion by Mr. O'Malley, seconded by Mr. Dickinson and passed 
without objection, the Trustees received the bid of Murphy Oil 
Corporation to be held pending review by the Game and Fresh 
Water Fish Commission, designated Mr. Williams to conduct the 
public hearing pursuant to law, and directed the staff to bring 
the matter back to the Board to make the award of the lease. 



-34- 



POLK COUNTY - Marina License No. ML-95 
(April 7, 1972) 

On December 12, action was deferred at the request of the 
Attorney General. 



APPLICANT: 



PROJECT : 

See minutes 

May 21, LOCATION: 

1974, for 

corrections 

MATERIAL : 

PAYMENT : 



R. F. Puterbaugh 

Post Office Box 165, Babson Park, Florida 33827 

7, &3fc 

Construction of marina facility covering Q ,166 
square feet of sovereignty land in Crooked Lake, 

Section 6, Township 31 South, Range 28 East, 
Polk County. 

None. No dredging is required. 

JS2. 72. 

$ 103. 32 annual fee for marina license. 



STAFF 
REMARKS; 



Field Operations - Cody Cove is 1,500 feet wide. 
The proposed dock would extend 224 feet into the 
cove leaving 1,276 feet of open water for boating 
and skiing. 



ECOLOGICAL 
RESPONSES: 



Department of Natural Resources - Requested Game 
and Fresh Water Fish Commission to make the inspec- 
tion. 



Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control - No objection. 

OTHERS: 1. The majority of the Board of Directors, Defenders 
of Crooked Lake, object to the marina. 

2. Sixteen letters received objecting to the marina. 

3. Five letters received in favor of the marina. 

4. Petition with 43 signatures received in favor of 
the marina. 

5. Petition with 2 3 signatures received in favor of 
the marina. 

6. Fifty-five post cards received in favor of the marina. 

7. One hundred fifty-one postcards received constituting 

a poll of the members of the Defenders of Crooked Lake. 
The results of the poll showed 123 votes against the 
marina, 26 for the marina , and 2 with no opinion. 

Staff recommends approval of Marina License ML-95. 



January 3, 1973 



233 



ACTION OF THE TRUSTEES: 

The Executive Director said the staff did not consider the 
request to reconstruct and lengthen the existing marina unrea- 
sonable. There had been local concern about the expansion and 
the staff worked with the applicant on behalf of the objectors, 
twice obtaining reductions in length. There were no biological 
objections to the proposed floating extension of 224 feet into 
the water from the ordinary high water mark and there would 
remain about 1,276 feet of open water beyond the end of the 
requested dock. 

Motion was made by Mr. Stone, seconded by Mr. Dickinson, to 
accept the staff recommendation for approval of the modified 
application. 

Mr. Kenneth D. Morrison speaking as the official representa- 
tive of the Defenders of Crooked Lake, said a fact sheet was 
sent to each member and objected stating that the marina would 
unduly obstruct public use of a public lake and detract from its 
natural beauty. He said there were other points of access to the 
lake and that the Defenders had indicated to Mr. Puterbaugh that 
they would not object to reconstruction of the present pier. 

Mrs. Helen C. Morrison expressed concern as to the safety 

hazard to skiers and urged protection of the natural beauty 

of this state-owned lake. She said the highest use of the lake 

would be for people instead of boat storage, and a petition of 

adjacent property owners objected that lights across the lake 

at night might be a public nuisance in addition to other objections. 

Mr. Jack Brandon, applicant's attorney, said in this beautiful 
22,000 acre body of water used extensively for recreation, his 
client operated the only marina in this deep-water sheltered 
cove, the only boat storage facility for non-residents. It had 
been a family-operated business since 1959, but it had deteriorated 
and his client wished to improve the situation. 

Mr. O'Malley, noting that the major objections were the length 
and the roof of the proposed expanded marina, suggested the 
building of dry storage facilities on the upland. He said the 
reason for extension into the water appeared to be a purely 
economic one, this was not a public marina, and there were 
other places of access to the lake. Mr. O'Malley said he 
appreciated the staff trying to work out a compromise but he 
was not in favor of the extension into the lake . 

Mr. O'Malley offered a substitute motion, seconded by Mr. Shevin, 
to approve issuance of a marina license to refurbish the 
existing facilities with a floating dock and no added length. 

Mr. Dickinson was shown on a map that the existing dock was 
within the cove and did not extend into the main area of 
Crooked Lake . 

Mr. Christian commented that the Defenders were mainly the 

owners of property around the lake, but the lake belonged 

to all the public and he would support the staff recommendation. 

The Governor called for a vote on the substitute motion which 
failed to pass. 

Recurring on the original motion, the Trustees accepted the 
staff recommendation to approve the modified marina application 
on a vote of five to two, with Mr. O'Malley and Mr. Shevin 
voting "No". 



-35- 

GULF COUNTY - Dredge Permit No. 23-21-0254 
(December 19, 1972) 

This application is placed on the addendum at the request 
of the Secretary of State. 



January 3, 1973 



234 



APPLICANT: Hess Oil and Chemical Corporation 
Amerada Hess Corporation 
c/o Benton Associates, Inc. 
512 East 15th Street 
Panama City, Florida 32401 

PROJECT: Maintenance dredging of 7,500 cubic yards of 
material from St. Joseph Bay adjacent to the 
applicant's terminal located at Port St. Joe. 

LOCATION: Section 2, Township 8 South, Range 11 West, 
Gulf County. 

MATERIAL: 7,500 cubic yards of material to be placed on 

applicant's property behind existing bulkheads. 

PAYMENT: $3,750 received as payment for 7,500 cubic yards 
of material at standard rates. 



STAFF 
REMARKS 



ECOLOGICAL 
RESPONSES: 



Field Operations - No objection. 

Department of Natural Resources - No objection; 
(1) diapers or other silt retention barriers 
should be installed around dredge operations to 
prevent excessive turbidity and siltation, especially 
in an Aquatic Preserve; (2) if necessary, the 
applicant should also construct dikes around the 
upland spoil disposal area to insure that the 
dredged materials are adequately retained on uplands. 

Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control - No objection. 

Staff recommends issuance of Permit No. 23-21-0254 subject to 
the stipulations of the Department of Natural Resources. 



ACTION OF THE TRUSTEES : 

The staff had received a report dated January 2, 1973, from the 
Department of Pollution Control which made four recommendations 
and no objections provided the recommendations were followed. 

Mr. Kuperberg asked that the staff recommendation be amended by 
adding, "and the Department of Pollution Control." 

Motion was made by Mr. Christian, seconded by Mr. Conner and 
passed without objection, approving issuance of the permit 
subject to the stipulations of the Department of Natural 
Resources and the Department of Pollution Control. 



WAKULLA COUNTY 



-36A- 

Right of Way Easement File No. 2487-65-253.03 
(November 15, 1972) 



APPLICANT: Department of Transportation 
Tallahassee, Florida 

PROJECT: Highway and bridge construction for State Road S-3 72 

Section 59510-2602, across Otter Creek. Some dredging 
is required. 

LOCATION: 0.19-acre parcel of sovereignty land abutting Section 
2, Township 6 South, Range 2 West, Wakulla County. 

MATERIAL: Not applicable. 

PAYMENT: Not applicable. 



January 3, 1973 



ECOLOGICAL 
RESPONSES: 



OTHERS : 



235 



Department of Natural Resources - No objection. 

Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control - No objection. 

The United States Department of the Interior, Fish 
and Wildlife Service, by letter July 14, 1971, 
reaffirmed its permit of March 13, 1951. 



Staff requests authority to issue the Right of Way Easement. 

ACTION OF THE TRUSTEES: 

Mr. Kuperberg advised the Board that the land in 36A and 36B 
was within the boundaries of the St. Marks Refuge of the United 
States Fish and Wildlife Service. 

On motion by Mr. Christian, seconded by Mr. Conner and passed 
without objection, the Trustees approved issuance of the right 
of way easement for highway and bridge construction. 



-36B- 



WAKULLA COUNTY - Dredge Permit No. 65-37-0265 
(November 14, 1972) 

APPLICANT: Department of Transportation 
Tallahassee, Florida 



PROJECT : 



LOCATION: 



MATERIAL : 



PAYMENT : 



STAFF 
REMARKS : 



ECOLOGICAL 
RESPONSES: 



NOTE 



OTHERS ; 



To conduct limited dredging of submerged land in 
connection with replacement of an existing bridge. 

Section 2, Township 6 South, Range 2 West, Otter 
Creek, Wakulla County. 

393 cubic yards to be removed and deposited on 
public land. 

Not applicable. 



Field Operations has no objection provided measures 
to control turbidity are employed during construction. 



Department of Natural Resources - No objection 
provided sloping riprap structures which provide 
suitable artificial habitat for the propagation of 
marine animals be utilized. 

Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control - No objection. 

The Department of Transportation has revised this 
application to eliminate all filling of submerged 
lands and the need for a bulkhead line. Riprap will 
be utilized except in the channel area. 

Wakulla County approved the project on October 4, 1972 



Staff recommends issuance of Permit No. 65-37-0265. 

ACTION OF THE TRUSTEES: 

On motion by Mr. Christian, seconded by Mr. Conner and passed 
without objection, the Trustees approved issuance of Permit 
No. 65-37-0265 to the Department of Transportation. 



January 3, 1973 



236 



-37- 



POLK COUNTY - Dredge Permit No. 53-21-0026 
(April 15, 1972) 

The preceding item 12 on this agenda was withdrawn, modified 
and relisted as 37. 

APPLICANT: Indian Lake Maintenance, Inc. 

c/o Andrew Adamson, Administrator 

Post Office Box 381 

Indian Lake Estates, Florida 33855 

PROJECT: To dredge to improve navigation in Lake Weohyakapka 
at the mouth of two access channels into Indian 
Lake Estates subdivision. 

LOCATION: Lake Weohyakapka, Polk County, Section 2, Township 
31 South, Range 2 9 East. 

MATERIAL: 400 cubic yards of material to be removed from 
sovereignty bottoms . 

PAYMENT: $200 received as payment for sovereignty material 
at standard rates. 



STAFF 
REMARKS: 



Field Operations - No objection. 



ECOLOGICAL 

RESPONSES: Department of Natural Resources - Deferred to 
Game and Fresh Water Fish Commission. 

Game and Fresh Water Fish Commission - No objection 
provided: 1) reduction of size of the 150-foot wide 
dredge areas to areas 50 feet wide and 200 feet long, 
2) placement of all spoil material above the 62-foot 
contour line, 3) removal of all spoil material placed 
below the 62-foot contour line due to prior con- 
struction, thus restoring the natural slope of the 
lake bottom. 

Note: The applicant has advised that he will modify 
his project to conform with the Game and Fresh 
Water Fish Commission recommendations. 

Department of Pollution Control - No objection. 

Staff recommends approval of Permit No. 53-21-0026 subject to 
the stipulations of the Game and Fresh Water Fish Commission. 

ACTION OF THE TRUSTEES: 

On motion by Mr. Christian, seconded by Mr. Stone and Mr. 
O'Malley, and passed without objection, the Trustees approved 
issuance of Permit No. 53-21-0026 subject to the stipulations 
of the Game and Fresh Water Fish Commission. 



-38- 

ST. LUCIE COUNTY - Channel Maintenance Dredging 
(June 19, 1972) 

On November 29, 1972, this application was deferred 30 days. 

The Board of Commissioners of the Fort Pierce Port and Airport 
Authority in meeting on June 13, 1972, adopted Resolution 
No. 72-8 which sets forth the Board's efforts to obtain a 
spoil area to accommodate the material to be removed in 
scheduled maintenance dredging in the existing channel and 
turning basin. 

A portion of the material is suitable and will be placed on 
the South Beach in connection with the erosion control program. 



January 3, 1973 



237 

Due to the distance involved and the character of the material, 
it is not feasible to place all of the spoil on the beach. 
State and federal agencies, including the Florida Game and 
Fresh Water Fish Commission and the Federal Bureau of Sports 
Fisheries and Wildlife, have objected to the use of certain 
publicly-owned spoil areas. The Port authority has proposed 
the use of Coon Island, a publicly- owned spoil island, and 
has proposed two privately-owned spoil areas as alternates, 
subject to the waiving of the 50 cents per cubic yard charge 
for sovereignty materials. 

The Board of Commissioners requests waiver of the 50 cents 
per cubic yard charge for 100,000 yards of material to be 
placed on privately-owned uplands by the Corps of Engineers 
or its agents or contractors . 

At the Trustees meeting on November 29, 1972, the Authority 
withdrew its recommendation of Coon Island as a publicly-owned 
spoil site. Trustees' staff was directed to review its 
recommendation in light of this new development. 

Additional field studies were requested of the environmental 
agencies. No suitable public site, other than Coon Island, 
could be located. 

Staff recommends that the portion of the projects 's spoil 
which is unsuitable for beach nourishment be placed upon 
private uplands after adequate dikes and sedimentation 
controls have been installed and upon payment of 50^ per 
cubic yard for such quantity as is deposited upon the private 
uplands . 

ACTION OF THE TRUSTEES: 

Subsequent to withdrawal of the Coon Island spoil site and 
disapproval by the environmental team of additional spoil areas, 
the staff had reviewed its recommendation and the issue remained 
payment for some 100,000 cubic yards of material proposed to be 
deposited on private property. The Director stated that under 
the June 1971 fill policy adopted by the Trustees, the Board 
might give special consideration to public navigation projects. 

Mr. Weldon B. Lewis and Mr. Edward G. Enns were present on 
behalf of the Fort Pierce Port and Airport Authority. Mr. Enns 
reviewed the problem and proposed deposit of spoil of uncertain 
quality on private uplands, the only available site. He said 
the Corps of Engineers had classified the material unusable, 
that the County Engineer would monitor the project and acceptable 
material would be used to renourish the eroded south beach. 
He stated that private owners would not pay for unwanted material 
and the Port Authority, a public agency, operated on tax monies. 

Governor Askew said any enhancement value to the private land 
might be determined by examination of the spoil site by the 
Trustees' staff working with the Authority before and after 
deposit of material, and an adjustment might be made by charging 
not more than fifty cents for material of usable fill quality. 
He commented that payment by the Port Authority would be a 
business cost and the economy of the county would benefit from 
the maintenance project. 

Mr. Lewis acknowledged that the payment compromise might be 
better than payment for all material. However, he thought 
the Port Authority would have difficulty in negotiating with 
the two upland owners because they had no need for the spoil 
and, in fact, might have a problem ultimately getting rid of 
silty deposits. 

Mr. Christian felt that the Port Authority could work out 
arrangements with the private owners by paying for the material, 
pointing out that payment might be much less than the staff 
originally recommended. 

In response to Mr. Shevin ' s question, the Director said the 
suggestion of the Governor could be accomplished, that such 
a procedure was recommended by the original fill study committee 



January 3, 1973 



238 

in 1971 but was too cumbersome to follow in all cases, that 
the staff would cooperate with the Port Authority and could 
have the land appraised in its present condition. The Governor 
added that it couldn't be done in all instances, but this 
procedure was for a public body as an exception. 

The procedure for payment of not more than fifty cents per 
cubic yard only for material of usable quality as determined 
by the staff was accepted as a modified staff recommendation, 
and on motion by Mr. Christian, seconded by Mr. Shevin and 
Mr. Dickinson, adopted without objection, the Trustees denied 
waiver of payment for material from the maintenance dredging 
project to be deposited on private lands and approved the 
modified staff recommendation. 



LEE COUNTY - Estero Bay Lands 

Responding to the Attorney General's question regarding Estero 
Bay, the Executive Director said a staff review was under way, 
the staff had checked with the Chief Cadastral Surveyor of the 
United States and the Manager of the Eastern States Land Office 
and thought there was need for a federal survey of the area 
as the problem went back to the original federal survey. 
Mr. Kuperberg was in touch with the Windsor and Troutman interests 
and thought there would be a solution satisfactory to all parties. 
He would not recommend any project that would encroach upon the 
aquatic preserve, and the area in contention hopefully would be 
removed from the proposed Troutman development. 

Governor Askew said an actual renegotiation of the agreement 
was close to accomplishment, that development would require 
state permits. He felt that what had been lost sight of was 
the position the state had been in as a result of the 1970 
Wetstone decision. It would not have been in the best interest 
of the state to let the Windsor trust have land out to the 
meander line in the event litigation had been lost in the way 
of the Wetstone case. 

Mr. Dickinson expressed the position of the Trustees as having 
acted in 1970 on information that the area within the boundary 
settlement was not in the aquatic preserve. It is not now known 
that the survey was erroneous, and a solution is being sought in 
fairness and protection of the estuary. 

Mr. Conner asked to be kept informed on the progress of any 
surveying. The Governor advised him that there were only 
four United States Bureau of Land Management survey crews 
to make surveys of this kind, but obviously the Trustees 
would do everything possible to insure that the interest of 
the public is fully protected. The Director added that the 
problems between the private owners and the state might be 
resolved within two weeks but he did not know how long it 
might take for the federal government to make a new survey. 



On motion duly adopted, the meeting was adj 




AT" 



GOVERNOR - CHAIRMAN 



ATTEST 




January 3, 19 7 3 



239 



Tallahassee, Florida 
January 16, 1973 

The Board of Trustees of the Internal Improvement Trust Fund 
met on this date in the Haydon Burns Auditorium with the 
following members present: 



Reubin O'D. Askew 
Richard (Dick) Stone 
Robert L. Shevin 
Fred 0. Dickinson, Jr. 
Thomas D. O'Malley 
Floyd T. Christian 
Doyle Conner 



Governor 

Secretary of State 

Attorney General 

Comptroller 

Treasurer 

Commissioner of Education 

Commissioner of Agriculture 



Joel Kuperberg 



Executive Director 



The Executive Director reported that the cutting of cypress 
trees along the Peace River in Polk County in an area that 
appears to be below the mean high water line, protested by con- 
cerned citizens, was stopped pending an investigation by state 
and local authorities. The cutting had been done by J. A. Martin 
owner of the lumber mill, on property reported to be owned 
by International Mining Corporation and Mobile Chemical Corpora- 
tion. Approximately fifty trees had been cut and cutting was 
stopped in those areas in the flood plain until a staff survey 
team could determine whether the cutting was on state or private 
land. 



-1- 

Consideration of the first agenda item was passed over until 
later in the meeting. 



-2- 

BREVARD COUNTY - Application for Contract Purchase Deed 
File No. 24745 (2012-05) 
(December 14, 1972) 

STAFF 

DESCRIPTION: A tract of submerged land in the Indian River 
abutting Section 15, Township 2 2 South, Range 
35 East, City of Titusville, Brevard County. 

PURCHASERS: Cecil C. Streepy and Rosalie H. Streepy, his wife 



APPLICANTS' 
REPRESENTATIVE 



G. S. Goshorn 

Post Office Box 157 

Titusville, Florida 32780 



ACREAGE: 2.8 8 acres. 

RATE: $1,500 per acre or $4,320 for the parcel. 

PAYMENT: The contract purchasers have paid the full amount 
of $4,320 plus $505.17 interest, under the terms 
of the contract. 

On January 9, 1968, the Trustees unanimously confirmed sale to 
the applicants, and Contract for Land Purchase was executed by 
the Trustees February 1, 1968. 

Evidence has been submitted of the death of Mr. Streepy. 

The Trustees' field investigator reports no evidence of fill 
being placed on the parcel. 

Staff advised the applicant that based upon the concern 
expressed by the state environmental agencies, it would be 
extremely doubtful that applicant would be able to develop 



January 16, 1973 



240 



the submerged land purchased. Staff offered to submit to the 
Trustees a recommendation for refund in lieu of issuing a 
deed. Applicant advised that she preferred that the deed be 
issued. 

Staff requests authority to issue the deed to Rosalie H. Streepy . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Stone, seconded by Mr. Christian and passed 
unanimously, the Trustees authorized issuance of the deed to 
Rosalie H. Streepy for $4,320.00. 



-3- 

HILLSBOROUGH COUNTY - Request for duplicate Murphy Act deed 
(December 6, 1972) 



APPLICANT : 



Mixon 



REPRESENTED 

BY: Tampa Abstract Division 

Chelsea Title and Guaranty Company 

Post Office Box 2288, Tampa, Florida 33601 

REQUEST: Issuance of duplicate Hillsborough County Deed 

No. 762 to W. S. Mixon. The original Murphy Act 
deed, sale of January 18, 1941, was lost and never 
placed of record in the Public Records of 
Hillsborough County, Florida. 

Recommend issuance of duplicate Murphy Act deed to W. S. Mixon 
for $25, the usual cost for issuance of a duplicate deed . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Christian, seconded by Mr. Stone and passed 
unanimously, issuance of the duplicate deed was approved. 



-4- 

DADE COUNTY - Application of Bal Harbour Village for establish- 
ment of an erosion control line pursuant to 
Section 161.161, Florida Statutes. 



APPLICANT; 
PROJECT : 



LOCATION : 



Village Council of Bal Harbour Village. 

Beach nourishment program of Bal Harbour Village 
bordering Atlantic Ocean from Baker's Haulover 
Jetty to South Village boundary. (See location 
description) . 

See description in Exhibit A-2 and survey of line 
(including alternate in Exhibit A-l) attached to 
Report of Public Hearing submitted herewith. 



STAFF 
REMARKS: 



Public hearing pursuant to Section 161.161, F.S., 
was held in Bal Harbour Village, as authorized by 
the Trustees at the meeting of Sept. 6, 1972. The 
hearing was recessed, to be reconvened before the 
Trustees after submission of the report of the 
proceedings in Bal Harbour Village. The sole 
objector to the original survey of the erosion 
control line was Bal Harbour Towers, Inc., repre- 
sented at the hearing by its general manager, 
Mr. Sol M. Taplin, for reasons set forth in the 
report of hearing submitted to the Trustees. All 
other conditions precedent to the establishment of 
an erosion control line required by Section 161.161, 
F.S., have been met. 



January 16, 1973 



241 



Staf f recommends that the beach nourishment project be approved 
and t hat" the erosion control line for Bal Harbour Village be 
fixed by the Trustees in accordance with the alternative location 
surve yed by Bal Harbour Village, the northerly portion of which 
is 25 feet seaward of the line of mean high tide, in consider- 
at ion of the granting to Bal Harbour Village of an easement of 
acce ss to the beach by Bal Harbour Towers, In c., and the fixing 
of the line as surveyed and described in Exhibit A- 2 be condi- 
tioned upon said grant . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Christian, seconded by Mr. O'Malley and passed 
unanimously, the staff recommendation was approved as the action 
of the Board. 



-5- 

DADE COUNTY - Dredge Permit No. 253.123-1063 
(January 11, 1972) 



APPLICANT : 

PROJECT : 

LOCATION : 
MATERIAL : 
PAYMENT : 



STAFF 
REMARKS : 

ECOLOGICAL 
RESPONSES: 



Bal Harbour Village 

Fred W. Maley, Manager 

655-96th Street, Bal Harbour, Florida 33154 

To dredge from three offshore borrow areas and 
place the material along the beaches of 
Bal Harbour Village. 

Section 26, Township 52 South, Range 42 East, 
Atlantic Ocean, Dade County. 

Approximately 1,600,000 cubic yards of sand to 
be dredged. 

Not applicable, as material will not be placed 
on private lands. 

Field Operations - No objection. 

Department of Natural Resources - No objection. 

Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control - No objection. 
Recommends that : 

(1) Dredging be done in such a manner that 
turbidity will be held to a minimum and that the 
areas containing the greatest quantity of sand be 
utilized and depleted first before moving to other 
areas to keep the area affected by the turbidity 
to a minimum. 

(2) Turbidity control dike system be established 
as soon as possible in the fill area. 

(3) Department of Pollution Control be notified 
when work commences. 

Staff recommends issuance of Permit No. 253.123-1063 subject 
to the stipulations of the Department of Pollution Control . 

ACTION OF THE TRUSTEES: 

Mr. Kuperberg noted that the cabinet approved on today's 
Department of Natural Resources agenda a coastal construction 
permit to artificially restore the Atlantic Ocean beaches in the 
Village of Bal Harbour. 

On motion by Mr. Christian, seconded by Mr. O'Malley and passed 
unanimously, the Trustees authorized issuance of Permit No. 253.123- 
1063 subject to the stipulations of the Department of Pollution 
Control. 



January 16, 1973 



242 



Responding to Mr. Stone's inquiry, the Director said the staff 
had met a number of times in regard to the erosion project in 
Dade County southward from Bal Harbour to Government Cut. This 
was a matter wherein the Department of Natural Resources , Bureau 
of Beaches and Shores, had principal jurisdiction, but the Director 
could report his understanding that progress was being made. 



-6- 

DUVAL COUNTY - Construction Permit No. 16-12-0006 
(November 9, 1972) 



APPLICANT: 



PROJECT: 



LOCATION ; 



MATERIAL 
PAYMENT : 



STAFF 
REMARKS : 



Import Auto Service, Inc. 
c/o Harbor Engineering Company 
1615 Huffingham Lane 
Jacksonville, Florida 32216 

To replace an existing wooden bulkhead with steel 
interlocking sheet pile. 

Section 45, Township 2 South, Range 27 East, 
St. Johns River, Duval County - North side of 
Mathews Bridge . 

Not applicable. 

Not applicable. 



Field Operations - No objection 



ECOLOGICAL 

RESPONSES: Department of Natural Resources - No objection. 

Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control - No objection. 

Staff recommends issuance of Construction Permit No. 16-12-0006 . 

ACTION OF THE TRUSTEES : 

On motion by Mr. Christian, seconded by Mr. Stone and passed 
unanimously, the Trustees authorized issuance of the construction 
permit . 



-7- 

PINELLAS COUNTY - Construction Permit & Marina License 
Permit No. 52-30-0264 
(November 15, 1972) 



APPLICANT: 

PROJECT : 

LOCATION: 

MATERIAL : 

PAYMENT : 

STAFF 
REMARKS : 

ECOLOGICAL 
RESPONSES: 



W. L. Hutchins 

2165 Gulf-to-Bay Boulevard, Lot 421 

Clearwater, Florida 33515 

To construct a commercial dock 10 feet by 120 

feet covering 1,200 square feet of submerged land. 

Section 8, Township 2 9 South, Range 15 East, 
Pinellas County. 

Not applicable. 

$100 minimum annual fee, received. 

Field Operations - No objection. 

Department of Natural Resources - No objection. 
Game and Fresh Water Fish Commission - No objection. 



January 16, 1973 



243 



Department of Pollution Control - No objection. 

OTHERS: Pinellas County Water and Navigation Control 

Authority approved permit on October 31, 197 2. 

Staff recommends issuance of Construction Permit and Marina 
License No. 52-30-0264 . 

ACTION OF THE TRUSTEES : 

On motion by Mr. Stone, seconded by Mr. Christian and passed 
unanimously, the Trustees authorized issuance of the construction 
permit and marina license. 



COLLLER COUNTY - Oil Lease Assignment 

APPLICANT: Exchange Oil and Gas Corporation 
New Orleans, Louisiana 70112 

REQUEST: Exchange Oil and Gas Corporation, holder of State 
Drilling Lease No. 2350-S, requests consent and 
approval to assign to The South Coast Corporation, 
a Florida corporation, an undivided 12.5% interest 
in lease. 

LOCATION: Section 16, Township 47 South, Range 2 8 East, 
Collier County. 

INTEREST 

OF STATE: The Board of Education holds an undivided one-half 
interest in the petroleum. 

LEASE TERM: Five years from October 15, 1968. 

Executed instrument of assignment has been filed and approved 
as to form by the Trustees legal staff . 

Recommend approval and consent to assignment . 

ACTION OF THE TRUSTEES : 

On motion by Mr. Christian, seconded by Mr. Conner and Mr. Stone, 
passed unanimously, the Trustees approved and consented to the 
oil lease assignment. 



-9- 

PALM BEACH COUNTY - Seismic Survey Permit 
(November 22, 1972) 

APPLICANT: Shell Oil Company 

Post Office Box 1411 
Arcadia, Florida 

REQUEST: Permission to conduct a seismic survey across 
state-owned land. 

LOCATION: A line across Sections 15, 16, 21, 22, 28 and 34, 
Township 46 South, Range 35 East and Section 27, 
Township 47 South, Range 35 East, Palm Beach County. 

Sections 15 and 16 are subject to a grazing lease held by Pelican 
Bay Co-op which has reviewed and consented to the proposed survey. 

The Central and Southern Florida Flood Control District has no 
objection, provided all shot holes are outside of district 
rights of way for Levee L-23 or L-24 (Miami Canal) . 

The Game and Fresh Water Fish Commission has no objection to 
the survey. 



January 16, 197 3 



244 



The Department of Natural Resources, Division of Interior 
Reources, has reviewed and approved the request conditioned 
upon Shell plugging any holes drilled with cement, after 
returning all cuttings into the hole. 

Recommend granting Shell Oil Company permission to conduct its 
survey across the seven sections of state land subject to the 
conditions set forth above . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Conner, seconded by Mr. Christian and passed 
unanimously, the Trustees granted to Shell Oil Company the 
permission requested subject to the conditions set forth above. 



-10- 

SANTA ROSA COUNTY - Electric Distribution Line Easement 
(November 27, 1972) 

APPLICANT: Escambia River Electric Cooperative, Inc. 
Jay, Florida 

REQUEST: Easement for an electrical distribution line for 
the purpose of supplying electrical power to the 
proposed Blackwater River State Forest Environmental 
Training Center, which is a Division of Forestry 
sponsored facility. 

LOCATION: A twenty-foot wide strip located in Sections 12 
and 13, Township 3 North, Range 26 West, 
Santa Rosa County. 

The Division of Forestry, Department of Agriculture and Consumer 
Services has reviewed and approved issuance of the easement. 

Recommend issuance of easement to Escambia River Electric 
Cooperative, Inc., for electric distribution line purposes only. 

ACTION OF THE TRUSTEES: 

On motion by Mr. Conner, seconded by Mr. Christian and passed 
unanimously, the Trustees authorized issuance of easement as 
recommended by the staff. 



-11- 

ESCAMBIA COUNTY - Recreational Development Purpose Lease 
(November 1, 1972) 

APPLICANT: Board of County Commissioners of Escambia County. 

REQUEST: Long term lease covering a parcel of land fronting 
on Santa Rosa Sound for recreational development 
purposes . 

LOCATION: lh acres, more or less, on Santa Rosa Island in 

Township 3 South, Range 30 West, Escambia County. 

This parcel of land is being deeded to the State by Escambia 
County in return for a 99-year lease back to the county in 
order that the county may be eligible for a grant of $44,000 
from the Florida Recreation Development Assistance Program. 
This money will be utilized by the county in constructing 
outdoor recreational facilities on the parcel. 

The Department of Natural Resources on August 1, 1972, authorized 
the grant following conveyance of title to the Trustees and 
lease back to the county. 

Recommend leasing the l^-acre parcel to Escambia County for 
public outdoor recreation, park and conservation purposes for 
a period of 99 years . 



January 16, 1973 



245 



ACTION OF THE TRUSTEES; 



On motion by Mr. Christian, seconded by Mr. Dickinson and passed 
unanimously, the staff recommendation was approved as the action 
of the Board. 



-12- 

ESCAMBIA COUNTY - Recreational Development Purpose Lease 
(November 1, 197 2) 

APPLICANT: Board of County Commissioners of Escambia County. 

REQUEST: Long term lease covering a parcel of land fronting 
the Gulf of Mexico on Santa Rosa Island for recrea- 
tional development purposes. 

LOCATION: 3.03 acres on Santa Rosa Island in Township 3 South, 
Range 30 West, Escambia County. 

This parcel of land is being deeded to the State by Escambia 
County in return for a 99-year lease back to the county in 
order that the county may be eligible for a grant of $50,000 
from the Florida Recreation Development Assistance Program. 
This money will be utilized by the county in constructing 
outdoor recreational facilities on the parcel. 

The Department of Natural Resources on August 1, 197 2, authorized 
the grant following conveyance of title to the Trustees and lease 
back to the county. 

Recommend leasing the 3.03-acre parcel to Escambia County for 
public outdoor recreation, park and conservation purposes 
for a period of 99 years . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Christian, seconded by Mr. Dickinson and passed 
unanimously, the staff recommendation was approved as the action 
of the Board. 



-13- 

HILLSBOROUGH COUNTY - Recreational Development Purpose Lease 
(October 27, 1972) 

APPLICANT: Board of County Commissioners of Hillsborough County. 

REQUEST: Long term lease covering a parcel of land on the 

Alafia River for recreational development purposes. 

LOCATION: 5.69 acres in Government Lot 3, Section 23, Township 
30 South, Range 19 East, Hillsborough County. 

This parcel of land is being deeded to the State by Hillsborough 
County in return for a 99-year lease back to the county in order 
that the county may be eligible for a grant of $50,000 from the 
Florida Recreation Development Assistance Program. This money 
will be utilized by the county in constructing outdoor recrea- 
tional facilities on the parcel. 

The Department of Natural Resources on September 28, 1971, 
authorized the grant following conveyance of title to the 
Trustees and lease back to the county. 

Recommend leasing the 5.69-acre parcel to Hillsborough County 
for public outdoor recreation, park and conservation purposes 
for a period of 99 years . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Christian, seconded by Mr. Dickinson and passed 
unanimously, the staff recommendation was approved as the action 
of the Board. 



January 16, 1973 



246 



-14- 

BREVARD COUNTY - Additional five-year extension, through 
January 31, 1978, of a deed provision, 
File No. 23274-A(1177-05) Corrective. 
(December 27, 1972) 

APPLICANT: School Board of Brevard County 

By: Wayne H. White, Superintendent 
3205 South Washington Avenue 
Titusville, Florida 32780 

LOCATION: A 12-acre parcel of filled sovereignty land in 
the Banana River abutting Section 27, Township 
24 South, Range 37 East, Brevard County. 



STAFF 
REMARKS : 



On January 14, 1963, the Trustees authorized 
conveyance of the parcel with provision for 
reversion in the event the land was not filled 
and used for the construction of a public school 
facility which would be in use within five years 
from the date of Deed No. 23274(1174-05). 



The parcel has been filled, but a school has not 
been constructed. On December 4, 1967, the Trustees 
authorized a five-year extension through January 31, 
1973, and Deed No. 23274-A (1174-05) -Corrective was 
issued. A total of $96,977.53 has been expended 
in preparing the site for construction. 

Recent population growth patterns in the area indicate a 

need for the parcel to be used for a school site in the future. 

Staff recommends extension of the reverter provisions contained 
in Deed No. 23274-A (1174-05) -Corrective for a five-year period 
extending through January 31, 197 8 . 

ACTION OF THE TRUSTEES : 

On motion by Mr. Dickinson, seconded by Mr. Christian and passed 
unanimously, the Board extended the reverter provisions for a 
five-year period, through January 31, 1978. 



-15- 

COLLIER COUNTY - Campsite Lease 

(January 3, 1973) 

APPLICANT: Roy H. Cogburn , et al 

3041 Northwest Seventh Street 
Miami, Florida 33125 



PROJECT : 



LOCATION . 



PAYMENT ; 



Roy H. Cogburn, Frank Inscho, Allen Gillette, 
Ray L. Clement and Richard L. Spaulding, have 
requested a lease on a campsite which was purchased 
in 1957. The existing structure was rebuilt in 1965. 

A one-quarter acre tract of submerged land in Township 
53 South, Range 28 East, Fakahatchee Bay, the center 
being located at the approximate intersection of 
Latitude 25 degrees 52.45' North and Longitude 81 
degrees 2 9.6' West, Collier County. 

$300 has been submitted for the first year's rental, 
from July 1, 1972 to July 1, 1973. 



STAFF 
REMARKS : 



Sewage facilities have been approved by the Collier 
County Health Department. Leases are given for one 
year with option to renew for an additional four 
years at annual rental of $300. 



January 16, 19 73 



247 



Staff recommends issuance of campsite lease in accordance with 
policy adopted on April 7, 1970, which requires all structure's" in 
exi stence to be under lease for so long as the structure remains 
in existence, and provided that sanitary facilities are installed 
by the lessee to prevent discharge of any raw sewage from the site , 

ACTION OF THE TRUSTEES: 

On motion by Mr. Conner, seconded by Mr. Dickinson and passed 
unanimously, the Trustees authorized issuance of the campsite 
lease subject to the provisions recommended by the staff. 



BREVARD COUNTY 



-16- 

Request to Terminate Dredge and Fill Permits 
No. 253.123-694 and 253.124-155 approved 
January 26, 1971 



APPLICANT: Kenneth L. Sagrans 

c/o Kendall T. Moran 
Post Office Box 1286 
Titusville, Florida 32780 

PROJECT: To dredge 4,000 cubic yards of material and fill .37 
acre of submerged land. 

LOCATION: Section 10, Township 22 South, Range 35 East, 
Indian River, in Brevard County. 



STAFF 

REMARKS: Field Operations - A field check indicates that all 
fill was trucked in and no dredging was done. The 
surveys indicate that there has been no fill placed 
on sovereignty land. 

NOTE: This applicant has requested that the permits be 

terminated since the work has been completed and the 
previously posted bond will not be released by the 
bonding company as long as the permit is in force. 

Staff recommends that Permits 253.123-694 and 253.124-155 be 
rescinded as requested by the applicant . 

ACTION OF THE TRUSTEES : 

On motion by Mr. Dickinson, seconded by Mr. Christian and passed 
unanimously, Permits 253.123-694 and 253.124-155 were rescinded. 



ST. JOHNS COUNTY 



-17- 

Fill Permit No. 51-11-0247 
(November 16, 1972) 



APPLICANT: 
PROJECT: 

LOCATION : 

MATERIAL : 

PAYMENT : 

STAFF 
REMARKS : 



Wallace G. Kitchel 

754 Renault Drive, Atlantic Beach, Florida 32233 

To construct a vertical seawall along 100 feet of 

the Intracoastal Waterway. The seawall will be 

placed up to 35 feet waterward of the existing shoreline, 

Lot 47, East Coast Canal Estates, Unit No. 4, 
St. Johns County. 

Fill to be trucked in from upland sources. 
Not applicable. 

Field Operations - No objections. 



ECOLOGICAL 

RESPONSES: Department of Natural resources - The use of riprap 
material for bulkheading is strongly advised on 
hydrographic and biological grounds. 



January 16, 1973 



248 



Game and Fresh Water Fish Commission - No objection. 
Recommend that riprap material be placed in front of 
the proposed seawall to increase the biological 
productivity in the area. 

Department of Pollution Control - Certification not 
required . 

OTHERS: 1. St. Johns County has no objection to the proposed 
bulkhead. 

2. Two affidavits received attesting to loss of land 
through artificially induced erosion. 

Staff recommends issuance of permit 51-11-0247 with the stipu- 
lation that the seawall be of riprap construction or be faced 
with riprap . 

ACTION OF THE TRUSTEES: 

Motion was made by Mr. Christian to approve the recommendation. 

Mr. Conner said he would vote affirmatively provided applicant 
had a county permit, whereupon the Governor suggested modifica- 
tion of the recommendation. 

Mr. Christian accepted the modification and on his motion, seconded 
by Mr. Conner and passed unanimously, the Trustees authorized 
issuance of the permit with the riprap stipulation and subject to 
approval by St. Johns County. 



-18- 

ST. LUCIE COUNTY - Dredge and Construction Permit 56-30-0262 
(November 14, 1972) 

APPLICANT: Outdoor Resorts of America, Inc. 
c/o Floranda Engineering 
309 East Jackson Street, Orlando, Florida 32801 

PROJECT: To construct a 47 ft. 8 in. clear span bridge at 
the Nettles Island Causeway in Indian River. 
Excavation to be limited to the causeway fill to 
facilitate installation only. No further dredging 
required. 

LOCATION: At Nettles Island Causeway in the Indian River, 
Section 3, Township 37 South, Range 41 East, 
St. Lucie County. 

MATERIAL: Not applicable. 

PAYMENT: Not applicable. 

STAFF 

REMARKS: Field Operations - No objections. 

ECOLOGICAL 

RESPONSES: Department of Natural Resources - No objection. 

Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control - No objection. 

Staff recommends issuance of Permit No. 56-30-0262 as this 
bridge will provide tidal circulation through an existing solid 
fill causeway . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Christian, seconded by Mr. Conner and passed 

unanimously, the Trustees authorized issuance of the dredge 

and construction permit for the bridge. The Governor felt 

that there were other places where this should be done to provide 

tidal circulation. 



January 16, 1973 



249 



-19- 

ST. LUCIE COUNTY - Construction Permit No. 56-30-0319 
(October 16, 1972) 



APPLICANT: 

PROJECT : 

LOCATION: 

MATERIAL : 

PAYMENT : 

STAFF 
REMARKS: 

ECOLOGICAL 
RESPONSES: 



J. Sciturro 

c/o Wood, Beard and Associates, Inc. 

Post Office Box 1449 

Fort Pierce, Florida 33450 

To replace an existing private access bridge across 
North Fork of the St. Lucie River, 1,400 feet in 
length. 

Section 9, Township 36 South, Range 40 East, North 
Fork of St. Lucie River, St. Lucie County. 



Not applicable. 
Not applicable. 

Field Operations - No objection. 

Department of Natural Resources - No objection. 

Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control - No objection. 

OTHERS: 1. Central and Southern Flood Control District - No 
objection. 

2. Board of County Commissionrs of St. Lucie County 
approved permit on July 25, 1972. 

Staff recommends approval of Permit No. 56-30-0319 . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Dickinson, seconded by Mr. Christian and 
passed unanimously, the Trustees approved Permit No. 56-30-0319 
to Mr. Sciturro. 



MARTIN COUNTY 



-20- 

Marina License Assignment ML-12 
(December 14, 1972) 



APPLICANT: 
PROJECT : 

LOCATION: 

MATERIAL : 

PAYMENT : 

STAFF 
REMARKS: 

ECOLOGICAL 
RESPONSES: 



Miramar Park, Inc. 

330 Wilma Circle, Riviera Beach, Florida 

Request that Marina License ML-12 issued in the 
name of John A. Herbert, be assigned to Miramar 
Park, Inc., a Florida Corporation. 

Section 19, Township 40 South, Range 43 East, 
Martin County. 

Not applicable. 

Not applicable. 



Not applicable. 



Not applicable. 



Staff recommends assignment of ML-12 to Miramar Park, Inc., 
a Florida Corporation. 



January 16, 1973 



250 



ACTION OF THE TRUSTEES: 

On motion by Mr. Dickinson, seconded by Mr. Christian and passed 
unanimously, the Trustees approved assignment of the marina 
license to Miramar Park, Inc., a Florida corporation. 



-21- 

SARASOTA COUNTY - Marina License and Construction Permit 
No. 56-30-0176 
(September 18, 1972) 

APPLICANT: Beach Harbor Club, Inc. 

3800 Gulf of Mexico Drive 
Sarasota, Florida 33577 



PROJECT : 

LOCATION: 

MATERIAL: 

PAYMENT : 

STAFF 
REMARKS : 



To construct a fishing and boat dock for use by 
apartment residents, extending 60 feet into 
Sarasota Bay. 

Section 6, Township 36 South, Range 17 East, 
Longboat Key, Sarasota County. 

Not applicable. 

$100 minimum annual fee received. 

Field Operations - No objection. 



ECOLOGICAL 

RESPONSES: Department of Natural Resources - No objection. 

Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control - No objection. 

Staff recommends issuance of Construction Permit and Marina 
License No. 56-30-0176 . 

ACTION OF THE TRUSTEES : 

On motion by Mr. Christian, seconded by Mr. Conner and passed 
unanimously, the Trustees authorized issuance of construction 
permit and marina license to the Beach Harbor Club, Inc. 



-22- 



BAY COUNTY - Marina License Renewal No. ML-50 
(December 4, 1972) 



APPLICANT : 

PROJECT : 
LOCATION : 

MATERIAL : 

PAYMENT : 

STAFF 
REMARKS : 



ECOLOGICAL 
RESPONSES: 



Guy-Rogers Marine, Inc. 
5323 North Lagoon Drive 
Panama City, Florida 32401 

To renew Marina License ML-50 for one year. 

Sections 9, 10, 15, 16, Township 4 South, Range 15 
West, Bay County. 

Not applicable. 

$878 annual fee received 



Field Operations - Work is still proceeding. 

The work that has been completed is in accordance 

with the permit issued. 



Department of Natural Resources - Not applicable. 
Game and Fresh Water Fish Commission - Not applicable, 



January 16, 1973 



251 

Department of Pollution Control - Not applicable. 
Staff recommends renewal of Marina License ML- 50 for one year. 
ACTION OF THE TRUSTEES: 

On motion by Mr. Conner, seconded by Mr. Dickinson and passed 
unanimously", renewal of the marina license for one year was 
approved. 

Mr. Kuperberg stated that the staff did have its meeting with 
the marina operator's association, resolved a number of issues, 
and would bring before the Trustees some proposed changes in 
marina licenses and recommendations for alternatives. 



On motion by Mr. Christian, seconded by Mr. Conner and passed 
without objection, the rules were waived for consideration of 
the applications added to the original printed agenda. 



-23- 

MARTIN COUNTY - Dredge Permit No. 253.123-1168 
(May 5, 1972) 



APPLICANT: 



PROJECT : 



LOCATION: 



MATERIAL : 



PAYMENT : 



Conch Cove, Inc. 

c/o Lindahl-O'Brien, Inc. 

Post Office Box 727, Jupiter, 



Florida 33458 



To dredge two channels connecting an upland lagoon with 
the navigable waters of Jupiter Sound. The northern- 
most channel will be 50 feet wide and will be one foot 
deep at mean low water where the channel penetrates the 
mangrove fringe and berm. The south channel will be 
50 feet wide by -5 feet deep at mean low water. 

Section 19, Township 40 South, Range 43 East, 
Martin County. 

Approximately 564.05 cubic yards of spoil to be 
removed from sovereignty lands. All material will 
be placed landward of the mean high water line. 

Applicant tendered his check for $1,246.52 as payment 
for 1,246.52 cubic yards of material at the standard 
yardage rate of $1 per cubic yard. 

The amended application requires the removal of only 
564.05 cubic yards of material for which the charge 
will be $564.05. Therefore, refund of overpayment 
should be made. 



STAFF 
REMARKS : 



Field Operations - No objection. 



RESPONSES: Department of Natural Resources, Game and Fresh Water 
Fish Commission, Department of Pollution Control, 
Trustees Staff and the applicant have agreed to the 
following revisions of the project: 

1. The northernmost channel will terminate at the 
waterward edge of the mangrove fringe. 

2 This channel will be located to take advantage 

of the existing break in the mangrove fringe and berm 

located approximately 50 feet north of where it is 
presently shown. 

3. This channel will penetrate the existing berm at 
a depth that will allow the exchange of water of 
approximately a minus one foot depth. 

OTHERS: 1. Loxahatchee River Environmental Control District 
approved the proposal. 



January 16, 1973 



252 

2. Florida Inland Navigation District - No objection. 

Staff recommends refund of the overpayment of $682.47 and issuance 
of Permit No. 253.123-1168 as revised subject to the following 
stipulations: (1) All upland excavation shall be completed prior 
to connecting with the open waters of Jupiter Sound. (2) The 
red mangroves removed from the channel areas will be replanted 
in the area . 

ACTION OF THE TRUSTEES: 

On this application pending for almost a year, the Director 
stated that there was a controversy with the environmental 
agencies that had been worked out by revisions acceptable to 
all agencies and the applicant, recommended by the staff. 

On motion by Mr. Christian, seconded by Mr. Dickinson and 
passed unanimously, the Trustees authorized issuance of the 
permit for the revised dredging project subject to the stipula- 
tions recommended by the staff. The Board also approved refund 
of the $682.47 overpayment. 



-24- 

POLK COUNTY - Land Exchange 

On November 29, 1972, the Trustees approved an agreement with 
Ringling Bros, and Barnum & Bailey Circus World, Inc., (Circus 
World) to exchange a 49%-acre parcel of land utilized by the 
Department of Agriculture and Consumer Services in its citrus 
budwood investigations, appraised at $495,000 by staff appraiser, 
for certain other land with real property improvements of equal 
value . 

Under the terms of the agreement the state has three years to 
locate suitable land for the exchange and advise Circus World 
to make necessary improvements in order to make the land suit- 
able for relocation of the budwood facility. 

The Department of Agriculture and Consumer Services has 
selected 80 acres of land planted in citrus described as the 
SW^s of SW% of Section 26, N% of NE% of NW^a of Section 35, SW^ 
of SE% of SW% of Section 26 and Lot 3, Florida Highlands 
Subdivision, Plat Bood 1, Page 87, also described as the NE% of 
NW% of NE% of Section 34, all in Township 28 South, Range 27 
East, Polk County, Florida. This land is east of the Town of 
Dundee and three miles east of U.S. Highway 27 on top of one 
of the highest hills in Central Florida. This land has been 
appraised by William P. Pardue , Jr., MAI, SREA, at $330,800. 
The appraisal has been reviewed and approved by Trustees' staff 
appraiser . 

The difference in values of $164,200 will be expended by 
Circus World to improve the 80-acre tract by moving certain 
citrus trees and buildings from the 49^-acre present budwood 
site to the new location and to construct new buildings as 
directed by the department to make the new location suitable 
to the state's needs, allowing expansion of the budwood program. 

Request (1) Authority to notify Circus World to purchase the 
80 acres and execute a deed to the Trustees conveying the land 
to the state ; 

(2) Authority to execute a deed to Circus World con- 
veying the 49%-acre budwood tract; 

(3) Appointment of the Secretary of State to act as 
escrow agent to deliver deeds involved to the respective 
grantees when the department is satisfied that the conditions 
of the exchange have been met. 

ACTION OF THE TRUSTEES: 

On motion by Mr. Dickinson, seconded by Mr. Conner and passed 
unanimously, the Trustees approved the three-part request set 
out above, the Governor commenting that he understood this would 
double the revenue potential of the budwood program. 



January 16, 1973 



253 



-25- 



Without objection, the minutes of the meeting on December 12 
197 2, were approved as submitted. 



-26- 



After brief comments on the efforts of the Governor and Director 
toward a new settlement involving the Trustees, the owners 
(Windsor trust) , and developers (Troutman) , the Board proceeded 
into discussion of the first agenda item before consideration 
of the agendaed recommendation on the Windsor trust lands. 

COLLIER COUNTY - Application to Purchase, File 2583-11-253.12 
(July 3, 1972) 

STAFF DESCRIPTION: Three parcels of filled sovereignty _ land in 
the Cocohatchee River abutting Section 17, 
Township 4 8 South, Range 2 5 East. 

A. CITY AND COUNTY - Collier County 

B. APPLICANTS: Miles Scofield, et al 

C. APPLICANTS' 

REPRESENTATIVE: Stanley W. Hole 

Post Office Box 1516, Naples, Florida 33940 

D. ACREAGE: 13.6 6 acres. 

PATE PER ACRE: $500 per acre or $6,830 for the parcel. 

E. APPRAISAL: By Hamilton Hunter, M.A.I, and S.R.A., 

June 16, 1972. $500 per acre for 13.44 
acres as of April 7, 1965. Reviewed 
by staff appraiser October 26, 1972. 

F. PURPOSE: Development in accordance with county zoning. 

G BIOLOGICAL REMARKS: Not applicable. The parcels were 

previously filled under permits. 

H STAFF REMARKS: The parcels of land involved lay within the 
area described in Trustees Deed No. 12,479 dated December 14, 
1883 It has been determined that some of the land was 
tidal in character and not swamp and overflowed land within 
the meaning of the Swamp Land Act of 1850. 

These parcels of land were filled after the Collier County 
Commissioners established a bulkhead line in accordance 
with the provisions of Section 253.122, F.S., and issued a 
permit under the provisions of Section 253.124, F.S. The 
Board of Trustees approved both the bulkhead line and the 
fill permit on February 23, 1965. The staff on this same 
date wrote the U.S. Army Corps of Engineers that the Trustees 
did not object to the issuance of its permit. 

The applicant relied on this information and proceeded to 
fill these lands in accordance with the approved and issued 
permits. 

It now appears that applicant acted to his own detriment 
by relying on the approvals by local, state and federal 
authority. 

Advertisement for objections to the sale was authorized 
November 29, 1972. Advertisement was made in the Naples Daily 
News. Eight letters objecting to this sale have been 
received as of Friday, January 5. 
Recommend that the sale be confirm e d at the appraised value of $6,830. 



January 16, 1973 



254 



ACTION OF THE TRUSTEES: 



As background information Mr. Kuperberg said the Trustees in 
1965, acting on information and recommendation of the staff 
that all these lands were in private ownership, did hear and 
approve the bulkhead line and permit to fil*l certain lands in 
the Cocohatchee or Palm River exactly in accord with the request 
submitted by Collier County, and "no protested" to the Corps 
of Engineers. In 1969 the northerly parcel was sold to David 
Jones, Miles Scofield retaining interest in the southerly parcel 

When Mr. Scofield dredged to restore sloughed-off filled land 
he was stopped because his permit had expired. He paid the 
triple price for material removed without permit and on November 
10, 1970, the Trustees approved a seawall and backfill permit 
for the southerly parcel that was issued but Mr. Scofield has not 
done the work. On the northerly parcel, Mr. Jones filed a sea- 
wall application, pending when Mr. Kuperberg became Director in 
April 1971. Mr. Jones modified his application to comply with 
environmental recommendations. 

In the course of preparing the application for the agenda, the 
Director had John DuBose of the Trustees' staff review the file 
with respect to title, and he had reported that the land was 
partially swamp and overflowed lands. After several discussions 
with the applicant, the staff insisting sovereignty lands were 
involved that could not have been conveyed in a swamp and 
overflowed land deed, the applicant finally concluded that if 
the staff would work with applicant's engineers to determine 
where the mean high water line had been at the time of filling 
and an appraisal of the land was made, he was willing to resolve 
the problem by purchasing the land in question. Mr. Kuperberg 
said his decision in view of the equities was to recommend sale 
of the land that was below the mean high water at the appraised 
value at time of issuance of the 1965 state permit. Maps 
were assembled to determine what constituted lands below mean 
high water, and an appraisal reported the value of $500 per acre. 
Approximately 23 acres had been filled within the bulkhead line, 
including Jones and Scofield ownership, but the subject applica- 
tion was for only 13.66 acres, being the former submerged lands 
portion. 

To Mr. Christian's question regarding alternatives available to 
the Trustees, the Director replied they could sell, buy, or the 
question of ownership could be litigated. Mr. Christian suggested 
finding out the cost to buy the land. Mr. Shevin agreed that might 
be a good idea, but the state might have much to gain from litiga- 
tion, considering the present value of the land. 

Mr. Chris H. Bentley, staff attorney, said he could not attempt 
to predict the outcome of litigation in view of certain equities 
in favor of the applicant, the physical configuration of the land 
and other factors, including the matter of estoppel. 

During discussion of buying as opposed to selling, it was pointed 
out by the State Treasurer that there had been no adequate 
showing of public interest to justify a conveyance at any price. 
The Governor pointed out that whether the state bought or sold, 
a prerequisite would be to determine ownership. 

Applicant's attorney, William J. Roberts, expressed the opinion 
that his client was not interested in selling, the lands filled 
since 1965 were not biologically productive, and the price of 
lands zoned commercial and high-density would be too great for 
recreational use when there were many other lands of lesser 
price. He said his clients already had title, it was quite clear 
from a legal standpoint that the line of mean high water was 
the determination but there were no records to show exactly where 
that line was and his client had agreed to apply to purchase 
the thirteen acres to clear title as the Trustees had allowed in 
other cases. Mr. Roberts said the burden of proof was on the 
state that had already conveyed the land by a deed in 1883. 



January 16, 1973 



255 



Governor Askew stated that the matter came before the Board not 
as an application for disclaimer or quitclaim, but for a seawall. 
Mr. Kuperberg felt that some of that area was navigable at one 
time, and the Governor understood that determination of acreage 
was only for the purpose of making a settlement with the state 
so the seawall application might secure a favorable reaction. 
It appeared that the attorney might advise his client to file a 
suit to quiet title. Because of being told in 1965 by the staff 
that the state had no ownership in the area, Mr. Scofield had 
done everything that governing bodies required him to do; and the 
record should reflect that the applicant had acted in good faith 
and no one questioned Mr. Kuperberg ' s recommendation, but in the 
end the Trustees had to make the decision. 

The Governor said the question was whether or not the mean high 
water line can be located, which was the problem in the Wetstone 
case. That precedent was exactly the reason the then Cabinet 
entered into the Estero Bay (Windsor trust) settlement, the 
Governor continued, and the only thing to do is to let the 
litigation determine the extent of ownership. Mr. Kuperberg said 
the question in the Scofield application was sovereignty land in 
a swamp and overflowed deed and not omitted lands in a federal 
survey as in the Estero Bay situation. 

Mr. O'Malley agreed it was a question for the court to determine. 
Mr. Shevin added that under the 1883 deed the applicant has 
title to swamp and overflowed land, and whether this 13 acres is 
that kind of land is for the court to decide. 

Motion was made by Mr. O'Malley that the application be withdrawn 
from the agenda to allow the applicant opportunity to file a 
suit to quiet title. Mr. Christian seconded the motion. 

Mr. Roberts pointed out that this was before the staff a year 
and, the applicant had gone to considerable expense and suffered 
great detriment because he took the course recommended by the 
staff. The Governor assured Mr. Roberts that the seawall permit 
application would be held in abeyance. 

Mr. Martin R. Northrup, representing Florida Audubon Society, 
contacted by citizens in the Cocohatchee River area to 
present objections, asked whether the sale was in the public 
interest and had the area been considered thoroughly as a recrea- 
tion site under state or county control. He would object to 
condominiums along this river that had great potential for 
recreational use. The Governor pointed out that zoning was a 
local matter and the extent of ownership had to be determined 
before acquisition for recreation could be considered. 

The Director stated for the record that eleven letters of objec- 
tion had been received, two that spoke to the question but the 
others not understanding the basic question had objected to 
dredging and filling. 

The motion by Mr. O'Malley, seconded by Mr. Christian, to with- 
draw the matter from the agenda passed without objection. 

Mr. Shevin asked that the Trustees' legal staff vigorously defend 
a suit to quiet title, and was invited by the Governor and the 
Director to participate in defense of the state's title. 



-26- 

LEE COUNTY - Windsor Trust Lands 

In December of 1970, upon the recommendation of the staff, 
a previous Board of Trustees entered into a settlement agree- 
ment for the purpose of resolving a court case and to establish 
a boundary between the state and the lands in Township 46 South, 
Range 24 East, known as the Windsor trust lands. 

Subsequently, deeds were exchanged between the state and the 
Windsor trust in accordance with the settlement and the Windsor 
trust then executed a purchase agreement with Sun and Sea 
Properties, Inc., now known as Estuary Properties, Inc. 



January 16, 1973 



256 



A master development plan for the subject lands has been 
evolving for the past several months, under review of the 
state environmental agencies. These agencies working with 
the developer's environmental study team, have held all develop- 
ment to those mainlands which are upland of the mean high water 
mark, with the exception of navigation connections. 

Mr. Robert Troutman, representing Estuary Properties, Inc., 
has accepted these development restraints and has styled the 
plan so as to take maximum advantage of the conservation 
aspects. 

The Estuary Properties design supplants the 1970 boundary 
settlement, the continued existence of which now threatens 
to become a deterrent to the prospective developer of the 
Windsor trust lands and is a source of deep concern to. the 
Trustees and to many Lee County residents. Estuary Properties, 
Inc., and the Windsor trust have agreed to renegotiate the 
bayward boundary of the subject lands based upon a mean high 
water line boundary, in concert with the development plan to 
be submitted to state agencies for approval and that the 
boundaries of the Estero Bay Aquatic Preserve shall not be 
violated. 

Staff requests authority to 

(1) Review with the U. S. Department of Interior, Bureau 
of Land Management, the original boundary surveys and 
request whatever federal action is deemed necessary 
to clear title to omitted swamp and overflowed lands 
in the subject township . 

(2) Develop a new boundary agreement revoking the 1970 
agreement and cancelling the related deeds in accord 
with the federal survey determination and resulting 
Trustees' action . 

(3) Submit a program and timetable for completion of above 
on or before the Trustees' meeting at which the develop- 
ment application is presented . 

ACTION OF THE TRUSTEES: 

Attorney General Shevin expressed appreciation to the Governor 
and the Director for working out the proposed settlement and 
agreed that the agenda item called for no action by the Board 
to which anyone should object, as it was in the form of a 
position paper. As many had expressed concern, Mr. Shevin 
said the matter must be thoroughly explored and no mistakes 
made. 

Mr. Kuperberg discussed the situation involving Estero Bay, the 
loss by the state in 1969 of a case (Wetstone) in which the 
court ruled that the meander line was a boundary line in the 
absence of a mean high water line determination. Because there 
appeared to be a possibility of losing another similar case, 
the then staff after extended negotiations recommended a boundary 
settlement agreement with the Jack C. Windsor Trust that was 
approved by the Trustees on December 8, 1970, reciting that a 
boundary line, established by surveys and located on the 
ground, would be confirmed by an exchange of deeds between 
the state and the Windsor Trust. The boundary line 
survey was developed, and was not signed by the present Director 
who felt it was not as sound ecologically as later standards 
would have determined it should be. It had been pointed out that 
the Board had entered into the agreement and consequently the deed 
of exchange was sent to the Trustees and executed. 

Mr. Kuperberg mentioned a divergence of interest between some 
sixteen land owners composing the Windsor Trust, and the developer, 
Mr. Robert Troutman. Mr. Troutman had presented to the staff an 
environmentally sound master development plan a year ago that 
complied with all recommendations of his environmental study team. 
The owners, some sixteen members of the Windsor Trust group, were 



January 16, 1973 



257 



concerned that the agreement negotiated in 1970 not be relinquished 
until they were sure of what they would have in the event Mr. Trout- 
man can't complete his development. 

To unravel the problem the staff requested authority to take 
the action listed on the agenda. Mr. Kuperberg explained that 
the complicated problem stemmed from the original federal survey, 
of which only another federal survey could determine the accuracy 
and completeness. 

Mr. Christian was excused from the meeting because of feeling ill. 

Commissioner Conner pointed out that the staff recommendation 
in 1970 referred to lands abutting the Estero Bay preserve. 
He emphasized that the Trustees never intended to convey any 
lands within that aquatic preserve. 

Governor Askew said it should be made clear that federal surveys 
would be required to develop the needed information. He added 
that Mr. Troutman and Mr. Windsor had said that no portion would 
include any part of the aquatic preserve. 

Briefly Mr. Kuperberg explained that the state held title to 
sovereignty lands (those lands below mean high water line) by 
virtue of becoming a state. Title to other lands is created by 
federal survey being conducted, plat of survey drawn up and filed 
in the federal registry, and then a state may lay claim to swamp 
and overflowed lands which may be patented to the state by the 
federal government. Sovereignty lands could only be conveyed by 
the state in sovereignty deeds; and the Director said that the 
staff position is that the Trustees could not have conveyed 
sovereignty lands by swamp and overflowed land deed. There might 
be errors in an original federal survey and lands omitted; and 
while for years the state took a lenient attitude on such lands, 
allowing title clearing by quitclaim or disclaimer, title to omitted 
lands can only be created by federal review and correction of 
original survey where found necessary. 

Mr. Dickinson noted that efforts had been made since the last 
two meetings to have the federal survey made. The Governor 
added that a federal regional office may be set up in Florida, 
and the Congressional delegation could be called on for help. 
The survey would take several months and in the meantime 
Mr. Troutman would be working on his property inshore of the 
high water line, except for navigation canals. 

Mr. Walter Shirey, member of the Board of County Commissioners 
of Lee County, said he represented District Two and a portion 
of the land in this development program. He criticized the 1970 
agreement, difficulty in obtaining information, late notifica- 
tion of this item on the agenda, the defense of the Wetstone 
case by the state, and asked for local public hearings on matters 
involving land in Lee County. Those he represented did not oppose 
the proposal on the agenda but were concerned regarding any 
exchange of deeds . 

Mr. Shevin recognized the significant input of private citizens 
in this matter and assured Mr. Shirey that any litigation would 
be vigorously pursued. Mr. Dickinson also expressed appreciation 
of concerned citizens and asked Mr. Shirey to specify the problems 
that might be corrected procedurally or factually, and Mr. Conner 
restated that the action of the Board in 197 was taken with the 
understanding that there was no encroachment on the aquatic 
preserve. 

The Governor stated that before further action on this 
matter, a public hearing in Lee County to let the people 
understand would prove helpful to the Trustees in reaching a 
final decision. The Director said no deed exchange was under 
consideration by the staff. 

Mr. Conner asked that there be an indisputable survey before 
any negotiations transpire. He was informed that the federal 
government by law was the one to conduct the survey. 



January 16, 1973 



258 



Motion was made by Mr. Stone that the staff be authorized to 
take the action set out on the agenda and, before coming back 
to the Trustees for action, should conduct a public meeting in 
Lee County. The motion passed without objection. 



On motion duly adopted, the meeting was adjourn 




3-T" 



GOVERNOR - CHAIRMAN 



ATTEST: 




Tallahassee, Florida 
February 6, 1973 



The State of Florida Board of Trustees of the Internal 
Improvement Trust Fund met on this date in the Haydon Burns 
Auditorium with the following members present: 



Reubin O'D. Askew 
Richard (Dick) Stone 
Robert L. Shevin 
Fred 0. Dickinson, Jr. 
Thomas D. O'Malley 
Doyle Conner 



Governor 

Secretary of State 

Attorney General 

Comptroller 

Treasurer 

Commissioner of Agriculture 



Commissioner of Education Christian was excused to attend 
a function honoring the Florida Teacher of the Year. 



Joel Kuperberg 



Executive Director 



-1- 



On motion adopted without objection, the minutes of the 
meeting of January 3, 1973, were approved as submitted. 



The second item on the agenda was passed over until later 
in the meeting. 



-3- 

COLLIER COUNTY - Land Donation in Big Cypress 
(December 29, 1972) 

Mrs. Sandra Kay Hamilton, 
Battle Creek, Michigan 

offers to donate to the State of Florida 30 acres of land in 
Section 36, Township 51 South, Range 33 East, Collier County, 
approximately 10 miles north of U. S. Highway 41 (Tamiami Trail). 
Although this property is not in the immediate vicinity of other 
state-owned lands, it lies within the Big Cypress Watershed area. 

Executed deed from Mrs. Hamilton has been received quitclaiming 
her interest in the property together with an undivided 
twenty-five percent interest in and to all of the oil, gas 
and other mineral rights in the property. 

Recommend acceptance of the donation and adoption of a resolution 
of appreciation to Mrs. Sandra Kay Hamilton . 



February 6, 19 73 



259 



ACTION OF THE TRUSTEES: 

Motion was made by Mr. Dickinson, seconded by Mr. Shevin and 
passed without objection, that the Trustees accept the land 
donation with gratitude and adopt a resolution thanking 
Mrs. Sandra Kay Hamilton for her conveyance to the State of 
Florida of 30 acres of land within the Big Cypress Watershed 



Copy of the resolution is attached to these minutes and made 
a part hereof . 



-4- 

SEMINOLE COUNTY - Confirm a Public Sale of Murphy Act Land 
(December 27, 1972) 



LAND 
DESCRIPTION 



LOCATION: 



APPRAISAL: 

AUTHORITY 
FOR SALE : 



Lots 29, 30, 31 and 32, Block 57, Sanlando, 
Plat Book 3, Page 65^, Public Records of 
Seminole County, Florida 

The land is comprised of four lots 62.7 feet by 
140.5 feet each fronting Alpine Street (sand grade). 
The lots are situated within a residential area 
which was dormant for years. However, considerable 
activity is now under way with homes in the $17,500 
to $35,000 range. 

By staff appraiser, $6,000 for the four lots. 
Section 197.350, Florida Statutes. 



DATE OF 
SALE: 



HIGH BIDDER: 
HIGH BID: 



December 27, 1972, by Clerk of the Circuit Court 
of Seminole County, Florida. 

Gary A. Rue and William A. Flanders 

$6,000 

Recommend confirmation of sale of this land to Gary A. Rue and 
William A. Flanders for $6,000 plus costs of advertising and 
clerk's fees . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Dickinson, seconded by Mr. O'Malley and 
passed without objection, the Trustees confirmed sale 
of the Murphy Act land as recommended. 



-5- 

ORANGE COUNTY - Electric Transmission Line Easement 

APPLICANT: Florida Power Corporation 
St. Petersburg, Florida 

REQUEST: 100-f oot-wide easement for electrical transmission 
line across state land in use by Department of 
Health and Rehabilitative Services as the 
Sunland Hospital at Orlando. 

LOCATION: The west 10 feet of the NE!* of SW% of Section 14, 
Township 22 South, Range 28 East, Orange County. 

Florida Power Corporation wishes to rebuild its existing 69KV 
transmission line by adding additional poles within the easement 
area authorized by the state in 1951. This requested easement, 
which will supersede the existing easement, more clearly describes 
the location of the right of way than does the description in the 
1951 instrument. 



February 6, 1973 



260 



The Department of Health and Rehabilitative Services has reviewed 
and approved issuance of the easement. 

Recommend issuance of the easement requested for electrical 
transmission line purposes only . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Dickinson, seconded by Mr. O'Malley and passed 
without objection, the Trustees authorized issuance of the 
easement to Florida Power Corporation for electrical trans- 
mission line purposes only. 



-6- 



SUWANNEE COUNTY 
APPLICANT 



Road Right of Way Easement 



Department of Transportation 
Tallahassee, Florida 



REQUEST : 



Easement across state land for improvement 
and maintenance of State Road S-417. 



LOCATION: 2.35 acres in Sections 15 and 22, Township 2 South, 
Range 14 East, being a part of the University of 
Florida Experiment Station in Suwannee County. 

The Board of Regents has reviewed and approved granting the ease- 
ment provided the Department replaces the fence to be removed 
for road widening. The Department has agreed to replace the 
fence at no expense to the University. 

Recommend issuance of the easement requested for public road 
purposes only subject to the fence being replaced by the 
Department of Transportation . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Dickinson, seconded by Mr. O'Malley and passed 
without objection, the staff recommendation was approved as 
the action of the Trustees. 



-7- 



CHARLOTTE COUNTY - Campsite Lease Permit No. 
(January 22, 1973) 



2019A 



APPLICANT: Robert N. McQueen, et al 
c/o LeRoy Hill 
321 Tamiami Trail, Punta Gorda, Florida 33950 

PROJECT: Robert N. McQueen, Burt W. Rountree , W. D. Johnson 
and Joe R. Goulding, have requested a lease on a 
campsite which was under lease in 1964 and was 
abandoned until July 1, 1971. 

LOCATION: An area at Latitude 26 degrees 46 minutes 34 

seconds North and Longitude 82 degrees, 12 minutes 
14 seconds West, lying and being in Section 34, 
Township 42 South, Range 21 East, in Bull Bay, 
Charlotte County, containing 400 square feet, more 
or less. 



PAYMENT : 



$600 has been submitted for rental for the period 
from July 1, 1971 to July 1, 1973. 



STAFF 

REMARKS: Sewage facilities have been approved by the Charlotte 
County Health Department. Leases are given for one 
year with option to renew for an additional four 
years at annual rental of $300.00 

Staff recommends issuance of campsite lease in accordance with 
policy adopted on April 7, 1970, which requires all structures 



February 6, 1973 



261 



in existence to be under lease for so long as the structure 
remains in existence, and provided that sanitary facilities are 
installed by the lessee to prevent discharge of any raw sewage 
from the site . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Dickinson, seconded by Mr. O'Malley and passed 
without objection, the staff recommendation on this campsite 
lease application was approved as the action of the Trustees. 



-8- 



LEE COUNTY - Shell Lease No. 2235 



The lease renewal application of Fort Myers Shell and 
Dredging Company for dredging oyster shell from selected 
areas in Charlotte Harbor and the Caloosahatchee River was 
deferred at the request of the applicant. 



-9A- 

LEE COUNTY - Right of Way Easement File No. 2490-36-253.03 
(November 27, 1972) 

APPLICANT: Lovers Key Corporation 

3401 Gulf shore Boulevard North, Naples, Florida 33940 

APPLICANT'S 
REPRESENTATIVE: Stanley W. Hole and Associates 
Post Office Box 1516 
Naples, Florida 33940 



PROJECT : 



LOCATION : 



MATERIAL : 



STAFF 
REMARKS : 



ECOLOGICAL 
RESPONSES: 



Easement for bridge construction to provide access 
for pedestrian and vehicular traffic and utilities 
to applicant's privately-owned lands. No dredging or 
filling of submerged land is required. 

0.538-acre parcel of sovereignty land 60 feet wide 
between Black Island and Lovers Key, abutting Section 
11, Township 47 South, Range 24 East, Lee County. 

Not applicable. 

Field Operations Division - No objection. 



Department of Natural Resources - No objection. 

Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control - No objection. 

Staff requests authority to issue the right of way easement . 

ACTION OF THE TRUSTEES : 

On motion by Mr. O'Malley, seconded by Mr. Dickinson and 
passed without objection, the Board authorized issuance of 
the right of way easement for bridge construction as recommended 
by the staff. 



■9B- 



LEE COUNTY - Construction Permit No. 
(November 21, 1972) 



36-37-0263 



APPLICANT: Lovers Key Corporation 

c/o Stanley W. Hole and Associates 

Post Office Box 1516, Naples, Florida 33940 



February 6, 1973 



262 



PROJECT : 



LOCATION: 



To construct two bridges across two unnamed waterways 
on the north end of Lovers Key, the east bridge being 
456 feet long and the west bridge being approximately 
27 9.50 feet long. 

Lovers Key, Big Carlos Pass, Section 11, Township 47 
South, Range 24 East, Lee County. 



MATERIAL : 



Not applicable, 



STAFF 
REMARKS: 



Field Operations: We have no objections although the 
Trustees should take into consideration density and 
traffic problems that currently exist in the Ft. Myers 
Beach area. Approval of a bridge to open up a new area 
for development may bring additional pressures for a 
mid-island bridge across the Estero Bay Aquatic Preserve 
from the mainland. 



ECOLOGICAL 

RESPONSES: Department of Natural Resources - The limited construc- 
tion required for the installation of two bridges over 
submerged land should not have significant adverse effects 
on marine biological resources provided every effort is 
made to contain the by-products of construction on the 
uplands and keep disturbance of the submerged lands and 
water column at a minimum. 

Game and Fresh Water Fish Commission - We have reviewed 
the permit and have no objections to its issuance. 

Department of Pollution Control - This Department has 
no objections to the proposed project. 

Staff recommends issuance of Permit No. 36-37-0263 subject to the 
stipulation of the Department of Natural Resources . 

ACTION OF THE TRUSTEES : 

On motion by Mr. O'Malley, seconded by Mr. Dickinson and 
passed without objection, the Board authorized issuance of 
the permit subject to the stipulations of the Department of 
Natural Resources as recommended by the staff. 



-10- 

CHARLOTTE COUNTY - Bulkhead line and Fill Permit No. 08-10-285 

The application by General Development Corporation for 
establishment of a bulkhead line adopted by Charlotte County 
on August 22, 1972, and filling to reclaim land lost by erosion 
was withdrawn from the agenda at the request of the applicant. 



-11- 

BREVARD COUNTY - Dredge Permit 5-21-0 03 5 
(December 4, 1972) 

APPLICANT: City of Cocoa Beach 

c/o Harold Gesell, City Manager 
Cocoa Beach, Florida 32931 

PROJECT: To perform channel maintenance dredging in the Banana 
River to a depth of 5 feet below mean low water and a 
bottom width of 50 feet at 5 locations (Jobs #1,2,4,6,8) 
disposing of spoil on uplands adjacent to the river, 
existing spoil islands, portions of natural islands and 
submerged bottoms . 

LOCATION: Banana River, City of Cocoa Beach, Brevard County. 

MATERIAL: Job #1 - 9,000 cubic yards; #2 - 6,000 cubic yards; 
#4 - 2,000 cubic yards; #6 - 4,000 cubic yards; 
#8 - 100 cubic yards; totaling 21,100 cubic yards of 



February 6, 1973 



263 



PAYMENT ; 



spoil to be placed on a combination of new and already 
existing spoil sites. 



Not applicable, 
owned lands . 



Spoil will not be placed on privately- 



STAFF 
REMARKS ; 



Field Operations - No objection. Recommends that: 

1. All channels be maintained at -7 feet so as to 
allow a longer recovery time between now and the 
next maintenance project. 

2. All spoil, if possible, be placed on upland areas 
or spoil islands behind adequate diking. Any 
spoil islands that are formed by the maintenance 
dredging should be vegetated with red mangroves 
along the mean high water line to stabilize the spoil. 



ECOLOGICAL 
RESPONSES : 



NOTE; 



Department of Natural Resources - No objection. Disposal 
of the spoil on existing spoil islands and previously 
spoiled portions of natural islands should not signifi- 
cantly affect marine life if spoil sites are adequately 
diked and siltation is contained to protect adjacent 
bottoms vegetated by sea grasses. 

Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control - No objection. 

The city has requested approval of dredging at job 
location Nos . 1,2,4,6, and 8 with consideration of 
Jobs 3,5,7 and 9 held in abeyance until the environ- 
mental objections can be met. 



Staff recommends issuance of Permit No. 05-21-0035 covering loca- 
tions 1,2,4,6, and 8 provided spoil areas are adequately diked . 

ACTION OF THE TRUSTEES : 

On motion by Mr. Dickinson, seconded by Mr. O'Malley and passed 
without objection, issuance of Permit No. 05-21-0035 as 
recommended by the staff was approved. 



-12- 

CHARLOTTE COUNTY - Fill Permit No. 8-11-0159 
(August 31, 1972) 

APPLICANT: General Development Corporation 

1111 South Bayshore Drive, Miami, Florida 33131 

PROJECT: To fill portions of Lots 551 and 552, Block 2091, 

Port Charlotte Subdivision. The proposed fill would 
not extend more than 25 feet offshore. The subject 
lots were affected by avulsion during Hurricane Agnes, 

LOCATION: Section 26, Township 40 South, Range 22 East, 
Charlotte County. 

MATERIAL: Approximately 410 cubic yards to be trucked in. 
PAYMENT : Not app 1 i c ab le . 



STAFF 
REMARKS 



Field Operations Division has no objection to issuance 
of this permit, provided the fill (to come from upland 
sources) is to be stabilized in a satisfactory manner 
and the Area II field office is notified at the commence- 
ment of construction so the project may be monitored. 



ECOLOGICAL --.,,. 

RESPONSES: Department of Natural Resources - The proposed filling 
of shallow sand and peat bottoms should have only 



February 6, 1973 



264 



limited adverse effects on marine life. Shallow bottoms 
riverward of the fill would be conserved. It is recom- 
mended that the corners of the project be rounded and 
that the maximum slope for the riprap be 1 vertical to 
2 horizontal. 

Game and Fresh Water Fish Commission - Deferred to 
Department of Natural Resources. 

Department of Pollution Control - This Department has 
no objections to the proposed project. 

OTHERS: 1. Board of County Commissioners of Charlotte County 

approved a permit for this project on August 29, 1972. 

2. Two affidavits received attesting to loss of land by 
avulsion. 

Staff recommends issuance of Permit No. 8-11-0159 subject to the 
stipulations of the Department of Natural Resources and notifica- 
tion of the Trustees of the Internal Improvement Trust Fund 
Area II field office at commencement of construction . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Dickinson, seconded by Mr. Stone and passed 
without objection, issuance of Permit No. 8-11-0159 as 
recommended by the staff was approved. 



-13- 



CITRUS COUNTY 



Dredge Permit No. 09-22-0241 
(November 2, 197 2) 



APPLICANT: Florida General Equities, Inc. 

c/o Coastal Engineering Associates, Inc. 
617 Lamar Avenue, Brooksville, Florida 33512 

PROJECT: To excavate a drainage channel with spoil to be 
placed on adjacent lots. The channel will not 
connect directly to the open water of this river 
and will allow storm water to reach the river over 
a naturally-vegetated berm. 

LOCATION: Section 7, Township 17 South, Range 17 East, 
Citrus County, Withlacoochee River. 

MATERIAL: No material to be dredged from state-owned 
submerged lands . 

PAYMENT: Not applicable. 



STAFF 
REMARKS : 



Field Operations has no objection to issuance of 
the permit for this project. 



ECOLOGICAL 

RESPONSES: Department of Natural Resources - Deferred to Game 
and Fresh Water Fish Commission. 

Game and Fresh Water Fish Commission - It is our 
opinion that this project will not have any adverse 
effects on the Withlacoochee River. 

Department of Pollution Control has no objection 
to the subject project. 

OTHERS: Southwest Florida Water Management District 

granted tentative approval of the project but 
reserved the right to examine the proposal under 
District policy existing at the time of scheduled 
construction. 

Staff recommends issuance of Permit No. 09-22-0241. 



February 6, 1973 



265 



ACTION OF THE TRUSTEES: 

On motion by Mr. O'Malley, seconded by Mr. Stone and passed 
without objection, the Board approved issuance of Permit No. 
09-22-0241 to Florida General Equities, Inc. 



CITRUS COUNTY 



-14- 

Dredge Permit No. 253.123-1009 
(September 21, 1972) (revised) 



APPLICANT: Crystal River Development Corp. 
c/o William J. Roberts 
Post Office Box 1386, Tallahassee, Florida 32302 

PROJECT: To connect a proposed upland canal system to the 
Crystal River at three locations. 

LOCATION: Sections 13 and 18, Township 18 South, Range 17 East, 
Citrus County. 

MATERIAL: 1,800,000 cubic yards of material to be excavated 
from upland and 12,000 cubic yards of sovereignty 
land to be excavated. 

PAYMENT: $6,000 received as payment for material at standard 
rates . 



STAFF 
REMARKS : 



Field Operations - (1) "An extensive upland canal 
system apparently solely for the purpose of gaining 
fill material would not seem to be in the public 
interest, and would be contrary to staff policy. 
(2) There appears to be no indication in the plan 
submitted for an adequate sewage system. (3) An 
alternative development plan could possibly be 
worked out utilizing a marina capable of handling 
the boats of future residents. (4) All homesites 
should be restricted to the existing high areas in 
the tract with some use of pad fills accommodating 
houses. " 



ECOLOGICAL 
RESPONSES: 



Department of Natural Resources: July 14, 1971 : 
The marshes and creeks provide important habitat 
for marine animals. The development plans would 
eliminate this marsh. Filling and dredging of 
canals in the biologically productive intertidal 
marsh and creeks in the subject area would have 
definite and permanent adverse effects on marine 
biological resources. 

November 30, 1971 : The application has been revised 
to preserve a significant portion of the productive 
marsh habitat mentioned in our report. The current 
proposal will have less adverse effects on marine 
biological resources than would the original plan. 

Conclusion of hydrographic study - (1) A saline wedge 
and consequent density stratification may exist in 
the vicinity of Station 3 at depths below 7.5 feet. 
(2) No problem in circulation of the canals is fore- 
seen unless stratification takes place. (3) The 
construction of the subdivision will have no appreci- 
able effect on the flow of Crystal River. (4) The 
small connecting canals will only tend to collect and 
retain flotsam. 

Game and Fresh Water Fish Commission - The applicant 
has revised his project considerably since his initial 
contact with the Trustees of the Internal Improvement 
Trust Fund and the various environmental agencies in 
1971. He has for the most part eliminated the dead-end 
canal configuration and has expanded the amount of saw- 
grass marsh to be preserved. These steps will to some 



February 6, 1973 



266 



extent mitigate the impact of this development on the 
fish and wildlife resources of the Crystal River. 

We are, however, still concerned that an active 
southern bald eagle nest which presently exists on 
the applicant's property may be destroyed. Young 
eagles were reared in this nest last year and it is 
probable that it will continue as an active nest for 
some time in the future if the proper steps are taken. 
We are currently working out an agreement with the 
applicant as to how much land should be set aside as 
a sanctuary to protect the nesting area. We also 
recommend that the Trustees of the Internal Improve- 
ment Trust Fund consider leasing the sanctuary as 
provided by Chapter 258 so that the applicant may 
realize the tax break provided for in that chapter. 
If the applicant is agreeable to the above stipulations, 
we have no objection to the issuance of a permit. 

Department of Pollution Control - No objection. 

OTHERS: Board of County Commissioners of Citrus County 

approved on October 14, 1971 by Resolution No. 71-28. 

NOTE: Letter of December 21, 1972 from agent, states that 

the Trustees staff will be notified concerning preserva- 
tion of the eagle nest. The applicant will consult 
with the Game and Fresh Water Fish Commission concerning 
the necessary preserve area. 

Staff recommends denial of project as submitted because of its 
potential for further degradation of the unique, springfe d 
Crystal River, the ground water resources of this portion of 
Citrus County and the cumulative effect of urban runoff upon 
the aquatic productivity of the river and near-shore Gulf of 
Mexico ecosystem . 

ACTION OF THE TRUSTEES: 

The application of Crystal River Development Corporation 
for a dredge permit to connect a proposed upland canal system 
to the Crystal River at three locations was withdrawn from 
the agenda at the request of Mr. William J. Roberts, the 
applicant ' s attorney . 



-15- 

FRANKLIN COUNTY - Dredge and Fill Permit No. 19-31-0187 
(October 30, 1972) 

APPLICANT: Crooked River Marina 

Mallory E. Home, c/o Wayne H. Coloney Co., Inc. 
Post Office Drawer 3966, Tallahassee, Florida 32303 

PROJECT: To dredge 9,600 cubic yards of material from the 
Carrabelle River and construct a seawall. 

LOCATION: Section 20, Township 7 South, Range 4 West, 
Carrabelle River, Franklin County. 

MATERIAL: 9,600 cubic yards of spoil to be donated to public 

agencies, County School Board and City of Carrabelle, 



PAYMENT ; 



Not applicable, 



STAFF 
REMARKS : 



Field Operations Division recommends approval of the 
latest revision of the proposed dredge and bulkhead 
project . 



ECOLOGICAL 
RESPONSES: 



Department of Natural Resources - October 14, 1971 : 
The use of this spoil site should not have signifi- 
cant adverse effects on marine biological resources 
providing it is adequately diked to contain the 
dredged material. 



February 6, 1973 



267 



October 20, 1972 : Our previous biological report 
(October 14, 1971) applies to the revised application 
and although the total size of the dredge area has 
been reduced, restraining devices should be used 
where necessary to control excessive turbidity and 
siltation problems. The spoil site is located on the 
applicant's upland property. It should be adequately 
diked to restrain the dredged material. 

Game and Fresh Water Fish Commission - The entire 
project area has been previously altered and this 
project should have only minimal effects if caution 
is taken to prevent destruction of adjacent productive 
areas. We recommend that all spoil areas be diked 
and waste water return facilities be constructed in 
such a manner as to prevent turbid water from escaping. 

Department of Pollution Control - This Department has 
no objection to the subject project. 

Staf f recommends issuance of Permit No. 19-31-0187 subject to the 
stipulations that the spoil area be adequate ly diked and waste 
water return facilities for prevention of turbidity be utilized; 
and that payment for fill be waived . 

ACTION OF THE TRUSTEES : 

On motion by Mr. Stone, seconded by Mr. O'Malley and passed 
without objection, the Trustees waived payment for the fill 
material that will be donated to public agencies, and 
authorized issuance of the permit to Crooked River Marina 
subject to the stipulations recommended by the environmental 
agencies . 



-16- 

HILLSBOROUGH COUNTY - Dredge Permit No. 29-21-0197 
(October 11, 1972) 

APPLICANT: Tampa Port Authority 

Post Office Box 2192, Tampa, Florida 33601 

PROJECT: To construct two cells and a pier, place riprap 
to stabilize the existing shoreline and perform 
maintenance dredging to improve an existing 
docking facility. 

LOCATION: Section 19, Township 2 9 South, Range 19 East, 
Ybor Channel, Hillsborough County. 

MATERIAL: Approximately 7,000 cubic yards of material to be 
dredged. 

PAYMENT: Not applicable, as sovereignty lands not involved. 

STAFF REMARKS: Field Operations Division has no objection to 
the proposed maintenance project. 



ECOLOGICAL 
RESPONSES: 



Department of Natural Resources - The proposed 
riprap fill should have relatively limited adverse 
effects on marine life by reducing the available 
shallow waters. Spoil from maintenance dredging 
should be adequately contained on upland. 

Game and Fresh Water Fish Commission - We have 
reviewed the permit and have no objections to its 
issuance . 

Department of Pollution Control - Certification will 
be issued pending a favorable response to the public 
notice and notification of approval of the project 
by the Board of Trustees. 



February 6, 1973 



268 



OTHERS: Tampa Port Authority approved Permit No. 72-13 
on August 30, 1972. 

Staff recommends approval of Permit No. 29-21-0197 . 

ACTION OF THE TRUSTEES: 

The Director requested that "subject to stipulations of the 
Department of Natural Resources and approval of the Department 
of Pollution Control" be added to the staff recommendation. 

On motion by Mr. Dickinson, seconded by Mr. Stone and passed 
without objection, the staff recommendation as amended was 
accepted as the action of the Board. 



-17- 

MANATEE COUNTY - Dredge and Fill Permit 253.123-458 
and 253.124-118 
(September 8, 1972) 

APPLICANT: Curtiss-Wright Corporation 

c/o William J. Roberts, P. A. 

217 South Adams Street, Tallahassee, Florida 32302 

PROJECT: To extend for three years an existing dredge and fill 
permit that was approved by the Trustees February 3 , 
1970. The work proposed has not begun due to delays 
resulting from requirements of an environmental impact 
statement prepared for the Corps of Engineers. 

LOCATION: Section 26, 27, 34, 35, Township 35 South, Range 16 
East, Manatee County. 

MATERIAL: 343,000 cubic yards to be excavated. 

PAYMENT: Applicant previously submitted $34,300 as payment 
for fill material at ten cents per cubic yard. 



STAFF 
REMARKS: 



Field Operations: The project, if completed as now 
permitted, would result in extensive biological 
damage to the area. 



ECOLOGICAL 

RESPONSES: Department of Natural Resources - The extensive 

dredging and filling would have significant and perma- 
nent adverse effects on marine biological resources. 

Game and Fresh Water Fish Commission - The Corps of 
Engineers requested that our comments be directed 
toward the adequacy of the draft environmental state- 
ment rather than the desirability of the project. We 
have attempted to follow this request although it 
should be apparent and recognized that the project as 
presented in the environmental statement does not 
meet the aims and objectives of our agency. 

Department of Pollution Control - Requested applicant 
to apply for certification to the regional office. 
Additional comments not received. 

NOTE: The Corps of Engineers has not yet issued a permit 

for this project. It is likely that if a Corps permit 
is issued, it will be for considerably less alteration 
of submerged land than the existing state permit 
allows. 

Staff recommends extension of existing Permits 253.123-458 and 
253.124-118 until such time as the modifications to be required 
by federal agencies are available for review and possible incor- 
poration into the state permit . 

ACTION OF THE TRUSTEES: 

Motion was made by Mr. Dickinson, seconded by Mr. Stone and 
passed without objection, that the extension as recommmended 
by the staff be approved. 

February 6, 1973 



269 

After considering the next three agenda items, the Attorney 
General called attention back to the Curtiss-Wright permit and 
his concern regarding extension of the permit in the event 
the Corps of Engineers should approve the project as it had 
been originally approved by a previous Board of Trustees. 

The Director explained that the permit expired in about ten 
days, the applicant had been in negotiation with the federal 
government about three years, the project as modified appeared 
to be on the threshold of acceptance by the federal government, 
and state law provides that where diligent effort has been made 
toward completion of the project, renewal may be granted. 

Mr. William J. Roberts, attorney for the applicant, stated that 
the federal government had required extensive modifications 
that now appeared to be acceptable to the U. S. Environmental 
Protection Agency. On behalf of his client, Mr. Roberts said 
he would stipulate for the record that the permit, if extended, 
would be subject to final approval by the Trustees. 

Mrs. Gordon W. Bartle , representing the Izaak Walton League 
of America, asked for deferral until it could be determined 
whether the area would be served by Bradenton utilities, until 
completion of new dredging and filling rules by the Department 
of Pollution Control, and completion of an environmental study. 

Governor Askew commented that the regulations of the Department 
of Pollution Control would be applicable and the stipulation 
cleared up any question, that the state was in no way committing 
itself on the modifications to be required by the federal 
government. The Attorney General agreed. 

Without objection the motion approving the extension as 
recommended by the staff was made subject to the stipulation 
of the attorney on behalf of the applicant. 



-18- 

MONROE COUNTY - Construction Permit No. 44-30-0124 
(August 15, 1972) 

APPLICANT: City of Key West 

c/o Garland Smith, Projects Coordinator 
Key West, Florida 33040 

PROJECT: To construct three piers 300' x 10' and drive 78 mooring 
pilings on the north side of Garrison Bight Causeway, 
and construct three piers 20' x 5' and drive 27 mooring 
pilings for an existing dock on the South side of 
Garrison Bight Causeway. 



LOCATION : 



Sections 32 and 5, Townships 67 and 68 South, Range 
25 East, Monroe County. 



MATERIAL: Not applicable, 



PAYMENT : 



Not applicable. Submerged lands are owned by the 
City of Key West. 



STAFF 
REMARKS ; 



After review of our field report concerning the project 
that consists of a municipal docking facility that will 
be highly regulated, consisting of six concrete piers 
and 103 mooring piles, Field Operations has no objection 
to the issuance of this permit. 



ECOLOGICAL 

RESPONSES: Department of Natural Resources - Construction of this 
proposed docking facility should not have significant 
adverse affects on marine biological resources. 

Game and Fresh Water Fish Commission - Since the 
proposed marina does not involve any dredging of the 
productive vegetated bottoms in the subject area, we 
have no objections to the project provided no sewage 
or other wastes are discharged from boats using the 
facilities . 



February 6, 1973 



270 



Department of Pollution Control - This project does 
not fall under the Department of Pollution Control 
moratorium presently in effect in Monroe County. This 
Department has no objections to the proposed project. 

OTHERS: The Key West Transit and Port Authority will have full 
jurisdiction over Garrison Bight and will control other 
areas where boats may dock or anchor around the City of 
Key West. 

Staff recommends issuance of Construction Permit No. 44-30-0124 
provided that live-aboard yachts are not allowed in the facility . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Stone, seconded by Mr. O'Malley and passed 
without objection, the Trustees authorized issuance of the 
permit subject to the provision recommended by the staff. 



-19- 

MONROE COUNTY - Dredge Permit No. 253.03-335 
(January 17, 1972) 

APPLICANT: C. H. DeCarion and A. P. Bismark, Trustees 
Key Largo Ninety-seven 
100 Biscayne Boulevard, Miami, Florida 

PROJECT: To dredge two navigation channels to connect an 
upland basin and waterway to Florida Bay. The 
channels will be 50' wide by 5' deep by 100' long, 
and 40' wide by 5' deep by 300' long. 

LOCATION: Florida Bay, Key Largo, Northwest shore between 

Sunset Point and Rock Harbor, Sections 12, 7 and 6, 
Township 62 South, Ranges 38 and 39 East respectively, 
in Monroe County. 

MATERIAL: 95 cubic yards of sovereignty material. 

PAYMENT: $1,425 received for material at standard rates. 



STAFF 
REMARKS 



ECOLOGICAL 
RESPONSES: 



Field Operations would have no objection to this 
project on the Florida Bay side of Key Largo provided 
the plugs are left in the upland canal system until 
the suspended solids have been allowed to settle. 
The southwest navigation channel should be relocated 
to conserve the mangrove area pointed out in the Game 
and Fresh Water Fish Commission recommendations. The 
use of diapering for all dredging on the navigation 
channels should be required so as to reduce siltation 
of the surrounding waters. An additional field inspec- 
tion found the mean depth of the existing basin to be 
7.7 feet with extreme depths noted of 10.5 and 11.5 feet, 

Department of Natural Resources - March 30, 1972 : 
The excavation of the north channel should have only 
limited adverse effects on marine biological resources. 
The reduction of the south channel width through the 
mangrove area to 30 or 40 feet would preserve some 
of the large trees. To preserve the mangrove swamp 
as a more productive biological system, a channel 
coming from shore south of the base line would require 
no destruction of the mangrove area. 

September 8, 1972 : The application now contains a 
few minor revisions to conform to the recommendations 
of the hydrographic study. 

Hydrographic Study : (1) The waterway system as 
designed except for the culvert will have adequate 
circulation to maintain good water quality. Increasing 
the depth to 8 feet below mean sea level would have no 
deleterious effect. 



February 6, 1973 



271 



(2) The construction of the proposed development will 
in no way lower the quality of adjacent waters. 

Game and Fresh Water Fish Commission - A field inspec- 
tion on October 29, 1972, revealed that the proposed 
boat basin has been constructed, although not connected 
to the Florida Bay. Depths measured at two points 
along this basin were in excess of 10 feet, and it 
is possible that greater depths would be found if a 
complete transect of the basin were made. For this 
reason, it appears that the hydrographic study con- 
ducted by Mr. John F. Michel is not applicable to the 
existing development since it was based on proposed 
rather than existing dimensions. We have no objections 
to the basin as approved by the Department of Pollution 
Control's letter of October 6, 1972. However, due to 
the findings of our field survey, we recommend that a 
representative of the Trustees of Internal Improvement 
Trust Fund examine the depths of the basin to determine 
if the dimensions coincide with the proposed permit. 

Department of Pollution Control - Please be advised 
that this Department has no objections to the subject 
project as shown on the drawing revised April 1972. 

NOTE: The route of the southwest channel has been modified 
to preserve the stand of mangrove trees noted in the 
report of the Department of Natural Resources. 

Staff recommends issuance of Permit No. 253.103-335 provided 
the existing basin is fixled to -5 feet mean low water before 
access channels are connected to Florida Bay . 

ACTION OF THE TRUSTEES : 

On motion by Mr. Stone, seconded by Mr. Dickinson and passed 
without objection, the Trustees authorized issuance of the 
permit subject to the provision recommended by the staff. 



-20- 

OKALOOSA COUNTY - Fill Permit No. 253 . 12 4 ( 8 ) -258 
(October 20, 1972) 

APPLICANT: Colonel R. K. Easley, et al 

121-B Birch Circle, Eglin Air Force Base 
Fort Walton Beach, Florida 32542 

PROJECT: To construct a seawall approximately 1,200 feet long 
and 30" high along the mean high water line of Rocky 
Bayou, to be constructed of corrugated asbestos and 
cement. 



LOCATION . 



Section 16, Township 1 South, Range 22 West, 
Okaloosa County. 



MATERIAL ; 



Any fill material used will be obtained from upland 
sources . 



PAYMENT : 



STAFF 
REMARKS : 



Field Operations: The proposed revision is in con- 
formance with our recommendations dated May 22, 1972, 
for the initial application. I recommend approval of 
the construction permit for this proposed revision. 



ECOLOGICAL 
RESPONSES: 



Department of Natural Resources - The project has been 
revised to exclude the offshore borrow areas in Rocky 
Bayou Aquatic Preserve. Since no dredging is presently 
proposed and the bulkhead will be constructed at or near 
the mean high water line, this project as revised should 
not have detrimental effects on marine biological resources. 



February 6, 1973 



272 



Game and Fresh Water Fish Commission - We have reviewed 
the permit and have no objections to its issuance. 

Department of Pollution Control - This Department has 
no objections to the proposed subject project. 

Staff recommends issuance of Permit No. 253 .124 (8) -258 . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Stone, seconded by Mr. Dickinson and passed 
without objection, the Trustees authorized issuance of the 
permit. 



-21- 

PINELLAS COUNTY - Dredge Permit No. 52-21-0178 
(September 28, 1972) 

APPLICANT: Florida Power Corporation 

Post Office Box 14042, St. Petersburg, Florida 33733 

PROJECT: To perform maintenance dredging at the Bayboro Plant 
site in Pinellas County. 

LOCATION: Section 30, Township 31 South, Range 17 East, 
Bayboro Harbor, Pinellas County. 

MATERIAL: 6,226 cubic yards of material to be removed will be 
placed on upland in Section 10, Township 31 South, 
Range 17 East, St. Petersburg, Pinellas County. 

PAYMENT: $6,226.00 received as payment at standard rates. 



STAFF 
REMARKS; 



No objections. All spoil should be placed behind 
adequately diked upland areas and all reasonable 
turbidity control devices should be utilized during the 
dredging operation. 



ECOLOGICAL 
RESPONSES: 



OTHERS ; 



Department of Natural Resources - The proposed maintenance 
dredging should have only limited adverse effects on 
marine life if maintenance spoil is carefully contained. 

Game and Fresh Water Fish Commission - We have reviewed 
the permit application and have no objections to its 
issuance. 

Department of Pollution Control - This Department has 
no objections to the proposed project. 

Pinellas County Water and Navigation Control Authority 
granted Permit No. DO-212 on September 19, 1972. 



Staff recommends issuance of Permit No. 52-21-0178 with the stipula- 
tion that turbidity control devices be utilized during dredging . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Dickinson, seconded by Mr. Stone and passed 
without objection, the Trustees authorized issuance of the 
permit subject to the stipulation regarding turbidity control 
devices . 



-22- 



PINELLAS COUNTY 



Dredge and Construction Permit 52-37-0304 
(December 8, 1972) 



APPLICANT: 



Pinellas County Board of County Commissioners 
315 Haven Street, Clearwater, Florida 33516 



February 6, 197 3 



273 

PROJECT: To remove existing culverts and causeway, construct 
a bridge and temporary by-pass road which will be 
removed when proposed bridge is completed. 

LOCATION: Section 30, Township 29 South, Range 16 East, 
Pinellas County. 

MATERIAL: To dredge 200 cubic yards of material to be trucked away. 

PAYMENT: Not applicable. Sovereignty material not involved. 



STAFF 
REMARKS: 



Field Operations has no objections to this bridge. 



ECOLOGICAL . . . 

RESPONSES: Department of Natural Resources - Limited filling 

is required to construct the temporary by-pass road. 
However, much of the area has recently been excavated 
and filled. Most of the damage to marine life would 
result from the filling of a small area of black- 
rush marsh south of the existing channel. Spoil 
deposits and the temporary fill required for the by- 
pass road should be removed upon completion of the 
new bridge. Draglined and filled portions of the 
natural creek and the associated tidal marsh (located 
west of the project area) should also be restored. 

Game and Fresh Water Fish Commission - We have 
reviewed the permit and have no objections to its 
issuance. 

Department of Pollution Control - Certification 
will be issued upon receipt of notification that 
the Trustees have approved. 

Staff recommends issuance of Permit No. 52-37-0304 subject to 
the stipulations of the Department of Natural Resources . 

ACTION OF THE TRUSTEES: 

Mr. Kuperberg stated that there would be some damage created by 
the by-pass road but the staff believed the permit should be 
issued to obtain the end product of a bridge instead of a 
causeway. 

On motion by Mr. Stone, seconded by Mr. Dickinson and passed 
without objection, the Trustees approved issuance of the permit 
subject to the stipulations of the Department of Natural Resources. 



-23- 

VOLUSIA COUNTY - Construction Permit No. 64-37-0224 
(October 27, 1972) 

APPLICANT: Florida East Coast Railway Co. 
c/o Powell Bros., Inc. 
Post Office Box 281, Ft. Lauderdale, Florida 33302 



PROJECT : 

LOCATION: 

MATERIAL : 

PAYMENT : 

STAFF 
REMARKS : 



To replace two existing wood trestles with one 
concrete and steel bridge. 

Section 8, Township 14 South, Range 32 East, 
Tomoka River, Volusia County. 

Not applicable. 

Not applicable. 

Field Operations Division recommends approval with 
the stipulation that the old piling be pulled out 
and not sawed off . 



ECOLOGICAL 
RESPONSES: 



Department of Natural Resources - The proposed bridge 
will be constructed on pilings and should not signi- 
ficantly disturb marine biological resources. 

February 6, 1973 



274 



Game and Fresh Water Fish Commission - We have 
reviewed the permit and have no objections to its 
issuance . 

Department of Pollution Control - Please be advised 
that this Department has no objections to the 
proposed subject project. 

Staff recommends issuance of Construction Permit 64-37-0224 
with the stipulation that pilings from the old structures be 
completely removed from the river and disposed of off -site. 

ACTION OF THE TRUSTEES: 

On motion by Mr. Dickinson, seconded by Mr. Stone and passed 
without objection, the Trustees authorized issuance of the 
permit subject to the stipulation recommended by the staff. 



-24- 

VOLUSIA COUNTY - Dredge Permit No. 64-20-0279 

(December 1, 1972) 

APPLICANT: Henry C. Coleman 

415 Revilo Boulevard, Daytona Beach, Florida 32018 

PROJECT: To dredge a boat slip 35' x 10' x -3 ' on uplands 

adjacent to the Halifax River and dredge an access 
channel 150' x 15 ' x -3 ' in the Halifax River. 

LOCATION: Section 16, Township 15 South, Range 3 3 East, 
Halifax River, Volusia County. 

MATERIAL: 185 cubic yards of material to be placed on owner's 
upland. 



PAYMENT : 



$92.50 received as payment for material at standard 
rates . 



STAFF 
REMARKS: 



Field Operations Division objects to the issuance 
of this permit. This type of channel would require 
periodic maintenance dredging. 



ECOLOGICAL 
RESPONSES: 



Department of Natural Resources - The proposed 
excavation of a boat slip and access channel should 
have only limited adverse effects on marine biolog- 
ical resources. 



Game and Fresh Water Fish Commission - We have 
reviewed the permit and have no objections to its 
issuance . 

Department of Pollution Control - Certification will 
be issued pending a favorable response to the public 
notice and notification of approval of the project by 
the Board of Trustees . 

Staff recommends issuance of Permit No. 64-20-0279 . 

ACTION OF THE TRUSTEES : 

On motion by Mr. Dickinson, seconded by Mr. Stone and passed 
without objection, issuance of the dredge permit was approved. 



-25- 



PINELLAS COUNTY 



Construction and Fill Permit 52-30-0017 
and 253.124-294 
(April 14, 1972) 



APPLICANT 



Pinellas County Board of County Commissioners 
315 Haven Street, Clearwater, Florida 33516 



February 6, 1973 



275 



PROJECT: To construct a dock, boat ramp and floating docks 

at Belleair Causeway, and to fill approximately 1.6 
acres of submerged land with material from upland 
sources hauled in by truck. Filled area will be 
used for additional parking. 

LOCATION: Section 31 and 32, Township 29 South, Range 15 East, 
Belleair Causeway Park, Pinellas County. 

MATERIAL: 19,000 cubic yards to be trucked in from upland 
sources . 

PAYMENT: County requests waiver of fees as project is in 
public interest. 



STAFF 
REMARKS : 



Field Operations: The area is already used as a 
public recreation park, and the addition of the boat 
ramp and fill would add to the public usefulness 
of the area. 



ECOLOGICAL 
RESPONSES: 



Department of Natural Resources - Although the 
proposed fill area is biologically productive, the 
selection of this site for the construction of a 
public boating facility would be recommended over 
adjoining areas. To restrict damage to marine life 
and best maintain water quality, the proposed fill 
area should be filled with trucked-in fill. 



OTHERS 



NOTE: 



Game and Fresh Water 
have conducted a bio 
proposed parking lot 
that the loss of 1.5 
be detrimental to fi 
suggested an alterna 
be as biologically p 
not suitable to the 
to the biological re 
recommend filling of 



Fish Commission - Our biologists 
logical survey in the area of the 

and boat ramp, and have reported 

acres of submerged bottoms would 
sh and wildlife populations. We 
te area that does not appear to 
roductive, however, this area was 
applicant's interests. In regard 
sources involved, we cannot 

submerged bottoms . 



Department of Pollution Control - This Department has 
no objections to the proposed project. 

Pinellas County Water and Navigation Control Authority 
approved Permit DF-279 on February 8, 1972. 

Game and Fresh Water Fish Commission recommended that the 
county design its project utilizing the land presently 
existing above the mean water line on the south side 
of Belleair Causeway. The applicant received eight 
letters from citizens objecting to the recommended 
site . 

Staff recommends issuance of Permits 253.124-294 and 52-30-0017 
and waiver of fees as requested by Pinellas County, with the 
stipulation that the seawalls be of riprap construction or faced 
with riprap . 

ACTION OF THE TRUSTEES : 

The Director said because of concern regarding impact on 
biological resources, the public boat ramp project had 
been modified to include riprap. 

On motion by Mr. O'Malley, seconded by Mr. Dickinson and passed 
without objection, issuance of the permit was approved without 
fee subject to the stipulation for use of riprap as recommended 
by the staff. 



-26- 

DUVAL COUNTY - Marina License and Construction Permit 16-3 0-0277 
(December 1, 1972) 



February 6, 1973 



276 



APPLICANT : 



PROJECT i 



LOCATION : 

MATERIAL : 

PAYMENT : 

STAFF 
REMARKS : 



Mathias Roland 

c/o Harbor Engineering Company 

1615 Huffingham Lane, Jacksonville, Florida 32216 

To modify an existing marina by closing an original 
opening into the marina and removing a 25' section of 
an existing dock to make a new opening. Total square 
footage of the area is 22,800 square feet. 

Section 30, Township 1 South, Range 28 East, 
St. Johns River, Duval County. 

Not applicable. 

$456.00 annual license fee. 



Field Operations Division recommends approval of this 
construction permit since it will not be adverse to 
the public interest. 



ECOLOGICAL 

RESPONSES: Department of Natural Resources - Construction of 
this proposed project should not have significant 
adverse effects on marine biological resources. 

Game and Fresh Water Fish Commission - We have reviewed 
the permit and have no objections to its issuance. 

Department of Pollution Control - This Department has 
no objections to the proposed subject project. 

Staff recommends issuance of Marina License and Construction 
Permit No. 16-30-0277 . 

ACTION OF THE TRUSTEES: 

On motion by Mr. O'Malley, seconded by Mr. Dickinson and passed 
without objection, the Board authorized issuance of marina 
license and construction permit. 



-27- 

ESCAMBIA COUNTY - Marina License and Construction Permit ML-17-30-14 
(December 12, 1972) 



APPLICANT: 

PROJECT : 

LOCATION : 

MATERIAL : 

PAYMENT : 

STAFF 
REMARKS : 

ECOLOGICAL 
RESPONSES : 



Firestone Yacht Basin, Inc. 

c/o Thomas Smith 

Post Office Box 12091, Pensacola, Florida 32502 

To construct a docking facility on a parcel of submerged 
land occupying 211,000 square feet. 

Section 33, Township 3 South, Range 32 West, 
Escambia County. 

None. No dredging required. 

$4,220.00 received as annual fee. 

Field Operations - No objection. 

Department of Natural Resources - No objection. 

Game and Fresh Water Fish Commission - Recommends: 

1. No dredging or filling beyond mean high water. 

2. No alterations to shoreline or bottom except where 
pilings will be placed. 

3. Installing measures for directing sewage, drainage, 
or runoff from entering public waters. 



February 6, 1973 



277 



Department of Pollution Control - No objection. 

Staff recommends issuance of Construction Permit and Marina License 
No. ML-17-30-14 subject to Game and Fresh Water Fish Commission 
stipulations . 

ACTION OF THE TRUSTEES: 

On motion by Mr. O'Malley, seconded by Mr. Dickinson and 
passed without objection, the Board authorized issuance of 
the marina license and permit subject to the stipulations of 
the Game and Fresh Water Fish Commission. 



LEE COUNTY 
APPLICANT: 

PROJECT : 

LOCATION: 

MATERIAL : 
PAYMENT : 



-28- 

- Marina License and Construction Permit 36-30-0198 
(October 12, 1972) 

North River Mile Properties, Ltd. 
4775 Orange Grove Boulevard 
North Fort Myers, Florida 

To construct a T-shaped fishing pier covering 
approximately 2,900 square feet. 

Section 11, Township 44 South, Range 24 East, 
Caloosahatchee River, Lee County. 

Not applicable. 

$100 minimum annual fee. 



STAFF 
REMARKS 



Field Operations Division has no objection to the 
proposed fishing pier. 



ECOLOGICAL 

RESPONSES: Department of Natural Resources - The proposed 

construction of a fishing pier should not have 

adverse effects on marine life. 

Game and Fresh Water Fish Commission - We have reviewed 
the permit and have no objections to its issuance. 

Department of Pollution Control - This department has 
no objections to the proposed subject project. 

Staff recommends issuance of Marina License and Construction 
Permit No. 36-30-0198 . 

ACTION OF THE TRUSTEES : 

On motion by Mr. O'Malley, seconded by Mr. Dickinson and 
passed without objection, the Board authorized issuance of 
the marina license and permit. 



INDIAN RIVER COUNTY 



-29- 

Marina License and Construction Permit 
No. 31-30-0259 
(November 16, 1972) 



APPLICANT: City of Vero Beach 

City Hall, Vero Beach, Florida 32960 

PROJECT: To extend a portion of an existing concrete dock for 
use as a fueling dock and to replace an existing wood 
dock with a concrete structure. Total deck area of 
proposed docks is approximately 4,440 square feet. 

LOCATION: Section 31, Township 32 South, Range 40 East, 
Indian River County. 

MATERIAL: Not applicable. 

PAYMENT: As this is a public facility, recommend fee be waived. 



February 6, 1973 



278 



STAFF 
REMARKS 



ECOLOGICAL 
RESPONSES: 



Field Operations Division recommends that this applica- 
tion be approved. 

Department of Natural Resources - The proposed replace- 
ment of a wood dock with a concrete dock and the construe 
tion of a fueling dock should not significantly affect 
aquatic biological resources. 

Game and Fresh Water Fish Commission - We have reviewed 
the permit application and have no objections to its 
issuance . 

Department of Pollution Control - This Department has 
no objections to the proposed subject project. 

Staff recommends issuance of Marina License and Construction Permit 
No. 31-30-0259 with waiver of fee . 

ACTION OF THE TRUSTEES : 

On motion by Mr. O'Malley, seconded by Mr. Dickinson and 
passed without objection, the Board authorized issuance of 
the marina license and permit to the City of Vero Beach 
without requiring payment of the fee. 



PALM BEACH COUNTY 



-30- 

Marina License and Construction Permit 
No. 50-30-0022 
(January 3, 1973) 



Colonnades, Inc. 
c/o William G. Wallace, Inc. 
105-106 Lakeview Building 
North Palm Beach, Florida 33408 

To construct a dock 100' x 97.5' approximately 
200 feet South of the Blue Heron Boulevard Bridge 
covering approximately 9,750 square feet. 

Section 26, Township 42 South, Range 43 East, 
Palm Beach County. 

Not applicable. 

$19 5.00 annual fee required. The applicant submitted 
$395.00 under the original application. 

Field Operations recommends issuance of the permit. 

Department of Natural Resources - Installation of 
these proposed docks should not have significant 
adverse effects on marine biological resources. 

Game and Fresh Water Fish Commission - We have 
reviewed the permit and have no objections to its 
issuance . 

Department of Pollution Control - This department 
has no objections to the proposed project. 

OTHERS: The applicant has complied with the recommendations 
of the Area Planning Board of Palm Beach County. 

Staff recommends issuance of Marina License and Construction 
Permit No. 50-30-0022 and refund of the $100 overpayment of fee . 
Refund 

corrected ACTION OF THE TRUSTEES: 
to $100. 

See On motion by Mr. O'Malley, seconded by Mr. Dickinson and passed 
minutes without objection, the Board authorized issuance of the marina 
12/4/73. license and permit, and approved refund of the $100 overpayment. 



APPLICANT: 

PROJECT : 

LOCATION: 

MATERIAL : 
PAYMENT : 



STAFF 
REMARKS: 



ECOLOGICAL 
RESPONSES: 



February 6, 1973 



279 



PINELLAS COUNTY 



PROJECT : 

LOCATION: 

MATERIAL: 
PAYMENT : 



Marina License and Construction Permit 
No. 52-30-0270 
(November 20, 1972) 



APPLICANT: Velvet Cloak Apartments 

c/o Speeler Marine Contractors, Inc. 

6820 Cross Bayou Drive, Largo, Florida 33540 



To construct a dock projecting 144 feet from an existing 
seawall as a replacement for a dock destroyed by 
Hurricane Agnes. 

Section 18, Township 32 South, Range 17 East, 
Pinellas County. 

Not applicable. 

$100 minimum annual fee received. 



STAFF 
REMARKS: 



ECOLOGICAL 
RESPONSES: 



OTHERS : 



Field Operations Division has no objection to the 
proposed project. 



Department of Natural Resources - No objection provided 
every effort is made to reduce siltation resulting from 
installation. 

Game and Fresh Water Fish Commission - We have reviewed 
the permit and have no objections to its issuance. 

Department of Pollution Control - This Department has 
no objections to the proposed subject project. 

Pinellas County Water and Navigation Control Authority 
approved Marina Permit Application No. M6722-72 during 
its regularly scheduled meeting on October 3, 1972. 



Staff recommends issuance of Marina License and Construction 
Permit No. 52-30-0270 subject to the stipulation of the Depart- 
ment of Natural Resources . 

ACTION OF THE TRUSTEES : 

On motion by Mr. O'Malley, seconded by Mr. Dickinson and 
passed without objection, the Board authorized issuance of 
the marina license and permit subject to the stipulation 
of the Department of Natural Resources. 



-32- 

PINELLAS COUNTY - Marina License and Construction Permit 
No. 52-30-0293 
(December 4, 1972) 

APPLICANT: Piedmont Apartments, by Paul Piedmont 

11760 Capri Circle South, Treasure Island, Florida 

PROJECT: To construct a T-shaped dock 30 x 6 feet with an 
extension of 10 x 40 feet covering approximately 
1,200 square feet. 



LOCATION : 

MATERIAL : 

PAYMENT : 

STAFF 
REMARKS: 



Section 21, Township 32, Range 15 East, Boca Ciega Bay, 
Pinellas County. 

Not applicable. 

$100 minimum annual fee. 

Field Operations Division has no objection to issuance 
of the permit for the dock to be used by tenants of 
the condominium. Recommend after-the-fact approval. 



February 6, 1973 



280 



ECOLOGICAL . 

RESPONSES: Department of Natural Resources - Construction of the 
proposed marina should not have significant adverse 
effects on marine biological resources. 

Game and Fresh Water Fish Commission - We have reviewed 
the permit and have no objections to its issuance. 

Department of Pollution Control - This Department has 
no objection to the proposed subject project, and no 
further action will be taken by this Department. 

OTHERS: Pinellas County Water and Navigation Control Authority 
approved Marina Permit Application No. M6772-72 during 
its regularly scheduled meeting on November 21, 1972. 

Staff recommends issuance of Marina License and Construction 
Permit No. 52-30-0293 . 

ACTION OF THE TRUSTEES: 

On motion by Mr. O'Malley, seconded by Mr. Dickinson and passed 
without objection, the Trustees authorized issuance of the 
marina license and permit. 



-33- 

MARINA LICENSE RENEWALS 

The required annual fees for renewal of the following marina 
licenses have been submitted. 

Field Operations Division has no objection to these renewals 
and finds the facilities have been constructed in accordance 
with approved plans. 

Staff recommends renewal of each marina license for one year 
at the fee indicated. 



1. 



Marina 
L icense 

ML-11 
(1-2-73) 



Annual 
Licensee and Information Fee 

Keystone Harbor Condominium 

13155 Ixora Court, Keystone Point, 

North Miami, Florida 33161 

Section 28, Township 52 South, 

Range 42 East, New Arch Creek, 

Dade County $157.50 



2. ML-83 Sun'n Surf Motel, c/o Anita Kram 

(12-21-72) 508 South Street, Key West, Florida 
33040 

Section 31, Township 67 South, 
Range 25 East, Monroe County. $100.00 

ACTION OF THE TRUSTEES: 

On motion by Mr. O'Malley, seconded by Mr. Conner and passed 
without objection, the Trustees authorized renewal of the two 
marina licenses for one year at the fee indicated for each. 



-34- 

REQUEST FOR EXTENSION OF THE 120 DAY PROCESSING PERIOD 

Processing of the following applications has not been completed. 
The reason the files are not complete is noted for each. 



FILE AND 
COUNTY 



06-31-0072 
Broward 



APPLICANT 



Joyce R. Krause 



REASON 

A hydrographic study is 
required by the Department 
of Natural Resources. 



February 6, 1973 



281 



FILE AND 
FILE AND 
COUNTY 

11-30-0097 
Collier 



58-31-0098 
Sarasota 



APPLICANT 



John Emerson 



General Develop- 
ment Corporation 



Reason 

Comments have not yet been 
received from the Depart- 
ment of Pollution Control. 

Comments have not yet been 
received from the Depart- 
ment of Pollution Control. 



50-31-0108 
Palm Beach 



Mayfran 



Comments have not yet been 
received from the Depart- 
ment of Pollution Control. 



03-12-0117 
Bay 



Joe Hutchison 



Comments have not yet been 
received from the Depart- 
ment of Pollution Control. 



35-31-0127 
Lake 



Lowrie 



A hydrographic study is 
required by the Depart- 
ment of Natural Resources. 



17-21-0140 
Escambia 



Spanish Village 
Cove, Inc. 



A hydrographic study is 
required by the Depart- 
ment of Natural Resources. 



44-20-0146 
Monroe 



29-31-0154 
Hillsborough 



Fisherman's Hospital 



Tampa-Hi llsborough 
County Expressway 



This application falls 
under the Department of 
Pollution Control's 
moratorium in the Florida 
Keys . 

Comments have not yet been 
received from the Depart- 
ment of Pollution Control. 



28-20-0156 
Highlands 



H. J. Prillwitz 



Comments have not yet been 
received from the Depart- 
ment of Pollution Control. 



Staff recommends a 6 0-day extension of the processing period for 
these applications . 



ACTION OF THE TRUSTEES : 



Motion was made by Mr. O'Malley, seconded by Mr. Dickinson and 
passed without objection, to extend the processing period for 
each of these applications for 60 days. 



-35A- 

SARASOTA AND MANATEE COUNTY - Bulkhead Line 

(June 8, 1972) 

APPLICANT: Town of Longboat Key 

c/o Wood, Scheb, Whitesell, Drymon & Warren 
Post Office Box 15425, Sarasota, Florida 33579 



PROJECT : 



LOCATION: 

MATERIAL; 
PAYMENT : 



To reestablish a bulkhead line in Sarasota Bay 
adjacent to the Town of Longboat Key in Sarasota 
and Manatee Counties, approved and established by 
Resolution of the Town Commission of the Town of 
Longboat Key on March 17, 1972. 

Township 35 South, Ranges 16 and 17 East, Township 
36 South, Range 17 East. 

Not applicable. 

Not applicable. 



STAFF REMARKS: Field Operations - No objection. 

ECOLOGICAL 

RESPONSES: Department of Natural Resources - The Town of Longboat 
Key is to be commended for proposing to establish this 



February 6, 1973 



282 



bulkhead line which closely follows the mean high water 

line and will result in the preservation of many acres 

of biologically productive submerged and intertidal lands. 

Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control - No objection. 

OTHERS: Interagency Advisory Committee on Submerged Land 

Management recommended that existing offshore bulk- 
head lines in this area be relocated to the line of 
mean high water. 

Staff recommends approval of bulkhead line as it is a close 
approximation of the line of mean high water . 

ACTION OF THE TRUSTEES : 

Motion was made by Mr. Dickinson, seconded by Mr. Stone and 
Mr. Conner, passed without objection, that the Trustees approve 
the bulkhead line adjacent to the Town of Longboat Key in Sarasota 
and Manatee Counties as relocated and established by resolution 
of the Town Commission on March 17, 1972. 



-35B- 

SARASOTA AND MANATEE COUNTY - Dredge Permit 58 & 41-31-0064 

(July 3, 1972) 

APPLICANT: Arvida Corporation, c/o James E. Messer 

13 8 North Gadsden Street, Tallahassee, Florida 

PROJECT: To dredge the following channels: 

(1) A 50-foot wide perimeter channel 6 feet deep 
to be excavated within a 75-foot right of way, the 
outer side of which is the proposed bulkhead line 
of the Town of Longboat Key on applicant's upland. 

(2) Five 50 feet wide x 5 feet deep channels to be 
excavated from the proposed bulkhead line to the -5 
foot contour. 

(3) Two 100 feet wide x 5 feet deep channels to be 
excavated from the proposed bulkhead line to the 

-5 foot contour. 



MATERIAL: 



LOCATION: 



1,800,400 cubic yards to be excavated of which 9,200 
cubic yards will come from state-owned submerged land; 
30,500 cubic yards will be obtained from private-owned 
submerged land; 1,769,900 cubic yards will be 
obtained from applicant's uplands. 

Section 5, Township 36 South, Range 17 East, Sarasota 
and Manatee Counties. 



PAYMENT : 



$9,200 received as payment for sovereignty material at 
standard rates. 



STAFF REMARKS: Field Operations - No objection to the revised 

project, except to the seven navigational access 
canals which in some cases may cross productive flats, 



ECOLOGICAL 
RESPONSES: 



Department of Natural Resources - The proposed develop- 
ment should have relatively limited adverse effects on 
marine biological resources and will conserve most of 
the highly productive grass beds and red mangroves that 
occur along the subject property. 

Game and Fresh Water Fish Commission - December 14, 1972: 
While our agency believes environmental damage will occur 
in upland areas as pointed out in our earlier letter, we 
feel that the applicant has made a sincere effort to 
mitigate damages; and therefore we remove our objections 
to the project. 



February 6, 1973 



283 

Department of Pollution Control - No objection. 

OTHERS: Town Commission of Longboat Key by Ordinance No. 12 
adopted May 3, 1972, approved the project. 

Staff recommends issuance of Permit No. 48 & 41-31-0064, subject 
to conveyance to the state by the applicant of all lands outside 
the bulkhead line as established this date . 

ACTION OF THE TRUSTEES : 

The Arvida Corporation prepared a development plan in accord 
with the bulkhead line for some 500 acres on the eastern side 
of Longboat Key. One of the first applications to come to his 
attention on becoming Executive Director, the Arvida plan had 
been twice redesigned in accordance with recommendations of the 
environmental agencies and governmental units involved, was now 
acceptable, and the applicant would convey some 200 acres of 
submerged land to the state. Further reduction in number of canals 
had been reviewed at some length as to the impact on the flushing 
action and was a value judgment among experts, Mr. Kuperberg 
stated. The applicant was willing, if desired by the Board, 
to eliminate two additional canals reducing the seven access points 
to five, but this had not yet been cleared with other environ- 
mental agencies . 

Mr. Elliott Messer, applicant's attorney, agreed on behalf of 
his client that the number of canals would be reduced to five 
to the satisfaction of the staff upon request by the Trustees. 

Mayor Sam Gibbons expressed the approval by the Town of Long- 
boat Key of the Arvida plan. The Governor noted that the town 
was very conservation oriented and commended the Mayor. 

Mrs. Gordon W. Bartle of the Izaak Walton League expressed 
belief that mangrove areas would be damaged, whereupon the 
Director explained that the canals would be upland of 90% 
of the mangroves in the area, the fringe of mangroves would be 
preserved except where broken by the access canals, and there 
would be no construction within a setback of 100 to 120 feet 
of the mean high water line. 

On motion by Attorney General Shevin, seconded by the State 
Treasurer and the Secretary of State, passed without objection, 
the Trustees approved issuance of Permit No. 48 and 41-31-0064 
subject to conveyance to the state by the applicant of land 
outside the bulkhead line and conditioned upon reduction of the 
number of access channels from seven to five with details to 
be worked out by the staff. 



-36- 



TRUSTEES ' FUNDS 



The State of Florida is a party to litigation in federal court 
in the case styled U.S. vs. Florida, Original No. 52, involving 
the setting of Florida's outer boundaries in. the Atlantic Ocean 
and Gulf of Mexico. The submerged land area in dispute is 
approximately 900,000 acres. The Attorney General is representing 
Florida but related costs have been borne by this agency because 
the case involves state land and title thereto. The Board of 
Trustees has directed this agency to bear the expenses of this 
case. 

The outcome of U.S. vs. Florida, Original No. 52, will have 
extremely important implications for Florida's future in several 
areas. The mineral rights alone of so large an area may have 
a tremendous effect on Florida's economic future. Also at stake 
is the control and supervision of the water column over the 900,000 
acres which includes such activities as fishing, shrimping, and 
aquaculture . 

During fiscal year 1972-73 the staff has disbursed $14,400 from 
the Other Personal Services Account (1-750-0103) for litigation 
costs directly involved in the above case . These costs have 



February 6, 1973 



284 



been for such items as expert witness fees and court reporter 
costs. These expenditures were not anticipated in the 1972-73 
legislative budget request and as a result the Other Personal 
Services Account is completely depleted, either by disburse- 
ments or by definite commitments. The situation is particularly 
acute due to the fact that the agency requested $74,550 in the 
legislative budget for 1972-73, the Department of Administration 
recommended $66,900, and the legislature only appropriated $51,900. 
With five months left to run in this fiscal year, the staff finds 
several areas of concern which will require at least $15,000 of 
additional Other Personal Services funds. 

Staff requests authority to seek authorization for an allocation 
from emergency or contingency funds in the amount of $15,000 . 

ACTION OF THE TRUSTEES : 

Motion was made by Mr. O'Malley, seconded by Mr. Stone and passed 
without objection, authorizing the staff to seek authorization for 
the funds as requested. 

Governor Askew commented that permission to ask for the funds 
did not bind the Governor and Cabinet as the Administration 
Commission to act. 



On motion by Mr. Stone, seconded by Mr. O'Malley and passed 
without objection, the rules were waived for consideration 
of the items added to the original agenda. 



-37- 

DIXIE COUNTY - Federal Surplus Land 

This request was placed on the agenda as an addendum at the 
request of the Office of the Governor. 

APPLICANT: Department of Health and Rehabilitative Services 
Division of Corrections. 

REQUEST: Adoption of a resolution for submission to the U. S. 

Department of Health, Education and Welfare in support 
of the application by the Department of Health and 
Rehabilitative Services to acquire approximately 
19.6 acres of surplus federal land. 

LOCATION: 19.6 acres consisting of a portion of the Cross City 
Air Force Radar Station in Section 2 , Township 10 
South, Range 12 East, Dixie County. 

This property is surplus to the federal government and available 
to the state for educational purposes. The Department of Health 
and Rehabilitative Services has determined that this property can 
be readily and economically converted into a medium or minimum 
custody institution by the Division of Corrections to relieve 
the critical situation of inmate housing. 

A portion of this 19.6-acre tract was available to the state in 1971 
but the application by the Department was not successful at that time. 

Application by the Department must be resubmitted to the U. S. by 
February 15 and accompanied by a resolution executed by the Board 
of Trustees, as the appropriate agency of the state to hold title 
to the land, designating Mr. Emmett Roberts, Secretary of the 
Department of Health and Rehabilitative Services, to act on behalf 
of the Board of Trustees in doing all acts and things necessary 
to secure the transfer of this property to the state. 

Funds of the Trustees will not be involved in this transaction. 

Recommend execution of the resolution . 

ACTION OF THE TRUSTEES : 

On motion by Mr. Dickinson, seconded by Mr. Stone and passed 
without objection, the resolution was adopted, executed, and 
copy attached hereto and made a part of these minutes. 

February 6, 1973 



285 



PALM BEACH COUNTY - Motel at Riviera Beach 

Mr. Kuperberg brought to the Board's attention a matter not 
on the printed agenda and requested authorization for Assistant 
Attorney General Kenneth Hoffman to file trespass action 
against the owners of the Hilton Inn at Riviera Beach for the 
removal of the coffer dam or seawall that the Governor and the 
Cabinet as the Department of Natural Resources on January 3 , 
1973, ordered removed. In the motel owner's suit to overturn 
that order, Mr. Hoffman represented the Department of Natural 
Resources as defendant. 

Mr. Hoffman asked the Trustees, as owner of the sovereignty land 
on which a portion of that seawall was built, to authorize him 
to file trespass action as a separate suit. 

Motion was made by Mr. O'Malley, seconded by Mr. Shevin and 
passed without objection, authorizing Assistant Attorney General 
Ken Hoffman to institute such litigation on behalf of the Trustees. 



Coastal Petroleum Company Litigation. 

With reference to a matter not on the printed agenda, the 
Director asked the Board to hear Mr. R. J. Beckham of Beckham 
and McAliley, representing the Trustees in litigation with 
Coastal Petroleum Company. 

Mr. Beckham stated that the litigation involved an appeal by 
the Trustees in the Federal Court system seeking to overthrow 
three leases held by Coastal covering some three million acres 
of oil and mineral rights. The Fifth Circuit Court of Appeals 
had determined to certify the case to the Florida Supreme 
Court, the only viable matters now being the issues concerning 
validity of the leases. Mr. Beckham advised the Board that 
the court had requested counsel to explore whether a settle- 
ment of the litigation was possible, that there had been 
an overture from Coastal as a starting point for discussion, 
and he needed to know whether the Trustees were interested in 
what might be available to them in the nature of a settlement. 

After brief discussion by members of the Board, the Governor 
said that any settlement that might be recommended by the 
Board's counsel would be considered, because in no way would 
that prejudice their right to continue without settlement. 
Mr. Dickinson indicated that was his thinking. Mr. Shevin 
concurred, stating that it probably would be difficult to 
reach a settlement but they had a responsibility to consider 
any offer Coastal might make. The end result might still be 
a decision to continue the litigation. 

On motion by Mr. Dickinson, seconded by Mr. Stone and passed 
without objection, the consensus was that counsel should explore 
the possiblity of settlement by some compromise. 

Mr. Beckham said when his firm was retained to handle the 
appeal all these problems were not anticipated, and that 
because of the certification procedure the expense and fees 
would be larger than originally indicated. 



Conservation Area 2 Draw-down. 

Mr. Kuperberg asked for consideration of a matter brought to 
his attention on Friday, of a draw-down by Central and Southern 
Florida Flood Control District of the water level in Conserva- 
tion Area 2 over which the District held an easement and the 
Trustees had an interest as owners of certain lands therein. 
While the draw-down was within the District's purview, 
Mr. Kuperberg felt it would be good procedure to indicate 
that the Board had no objection. He explained that this work 
could not be done at high water because of seepage and the Chief 
Engineer of the Flood Control District had assured the staff 
that draw-down could be done withAinduly impinging upon water 
supplies of the area. 



February 6, 1973 



286 



Stating that the recommendation was proper and commendable, 

Mr. Dickinson made a motion, seconded by Mr. O'Malley and 

passed without objection, that the Trustees indicate no objection 

to the draw-down of water in Conservation Area 2 by Central 

and Southern Florida Flood Control District. 



PINELLAS COUNTY - Beach Nourishment at Indian Rocks Beach. 

In the matter of federal emergency restoration of Pinellas 
County beaches , delayed for some time to permit the Corps of 
Engineers to locate a suitable disposal area for material 
found to be unsuitable for use on the beaches damaged by 
Hurricane Agnes, Mr. Kuperberg said the staff could not 
recommend giving some 20,000 cubic yards of material to a 
private owner and as a result of negotiations, Mayor Merrett 
R. Stierheim had advised that the City of Clearwater would 
immediately send a telegram to the Corps of Engineers requesting 
that the subject material be placed on the grounds of the public 
park that Clearwater planned to purchase from U. S. Steel for 
public use. In the event that land does not become public, 
the Director recommended that the Board allow the material to 
be deposited, with U. S. Steel to be responsible to pay the 
value of the material in place as was done recently in the 
case of the Fort Pierce Port and Airport Authority. 

Mr. Stone made a motion, seconded by Mr. Dickinson and passed 
without objection, that the Director's recommendation be 
approved as the action of the Board . 



Concluding the addenda, the Trustees considered the second 
agenda item that was passed over at the beginning of the 
meeting. 



-2- 

Request adoption of rules required by Section 2, Chapter 72-261, 
Laws of Florida (Section 253.136, F.S., 1972 Supplement). 

The rules should be adopted as an emergency, to be effective 
immediately upon filing with the Secretary of State. Such 
adoption will make the rules effective for 90 days, and 
before permanent rules are adopted to take effect upon filing 
with the Secretary of State, we may have enough public reaction 
to make amendments which will improve their operation. The 
rules must be subsequently readopted after public hearing at the 
meeting to be held April 17, 1973 (which may be recessed to 
May 1, 1973) pursuant to notice as required by statute. 

Rule #1 

This is submitted as Part IV of Chapter 18-5 (Sections 18-5.45 
through 18-5.50, inclusive) and relates to the submission of 
applications to the Trustees within 100 days of filing, with 
the executive director's recommendation, unless delayed for 
cause attributable to the applicant. 

Rule #2 

This is submitted as an addition to Chapter 18-2 (regulations 
relating to sovereignty lands) and consists of Sections 18-2.093, 
18-2.094 and 18-2.055. 

18-2.093 is - a composite of applicable policies of the Trustees, 
adopted from time to time, and administrative practices, relating 
to the requirements connected with application for a permit to 
work in navigable waters of the state. 

18-2.094 is a composite of practices followed in accepting and 
processing applications from receipt to issuance of permit. 

18-2.095 relates to the exemption from many of the time consuming 
requirements of what, for lack of a simpler and more accurate 



February 6, 1973 



287 



term, we can refer to as small projects. Various factors have 
been taken into consideration, such as significance of areas to 
be affected, frequency of applications by size categories and 
public or quasi-public use of completed projects. The cost of 
projects exempted from most procedures was placed at the maximum 
allowable in order to give the statute significant meaning as 
intended by the Legislature. 

Staff recommends adoption of the rules as emergency measures, 
inasmuch as the Legislature has determined that they be put into 
operation within forty-five days from the effective date of the 
law. Under its terms, the act became effective on January 1, 
1973; the forty-five days expires at midnight, February 14, 1973, 

ACTION OF THE TRUSTEES: 

Mr. S. Sherman Weiss, Trustees' legal counsel who drafted the 
rules, said he had five pages of amendments suggested by the 
cabinet aides dealing principally with three changes extending 
the maximum time from 100 to 120 days, reducing the exemption 
in areas of environmental significance from 1,000 yards to 500 
yards, and incorporating into the definition of an area of 
environmental significance those plants which are found in fresh 
waters of the state. The regulations as originally presented 
dealt only with salt water plants. Mr. Weiss pointed out that 
the regulations would have to be readopted in April at which 
time they could be re-examined. 

With reference to the Attorney General's question of the 
possibility of reducing the maximum from 500 to 100 yards, 
the Governor noted that the rules were prepared to comply with 
the legislative mandate and the maximum limit proposed by the 
staff was probably as low as possible to be workable for any 
emergency procedures in productive areas . 

Responding to suggestions by Mr. O'Malley, Mr. Weiss said a 
policy concerning regular applications for exemptions was 
covered in the amendments and all the time periods would be 
reconciled throughout the rules. 

Mr. Stone suggested that when the rules are re-examined in 
about two months , consideration be given to allowing only one 
of this type of application for an applicant within a twelve- 
month period to avoid creating a loophole. Mr. Dickinson 
agreed, noting that upon re-examination those suggestions 
might be implemented as prudence and protection of the public 
might deem proper. 

Motion was made by Mr. O'Malley, seconded by Mr. Dickinson 
and passed without objection, that the Trustees adopt the 
amendments to the rules and adopt the rules as amended as 
emergency measures . 



On motion duly adopted, the meeting was ad jo 




'&J~ 



GOVERNOR - CHAIRMAN 




ATTEST : 

^CUTIVE fl/RECTOI 



c 



RESOLUTION 



WHEREAS the Big Cypress Watershed is a unique and 
ecologically priceless natural resource of the State of Florida; 
and 

WHEREAS the State of Florida is profoundly concerned and 
vitally interested in the protection and preservation of this 
natural resource; and 



February 6, 1973 



288 



WHEREAS this priceless heritage was not recognized as such 
and was permitted to fall into private ownership over the course 
of many years ; and 

WHEREAS members of the United States Congress have expressed 
concern for the future of this natural resource and an intent 
on the part of the Congress to acquire the heartlands of the 
Big Cypress Watershed; and 

WHEREAS, in matters of concern, often a dedicated and 
conscientious citizen will furnish the spark which lights the 
torch for others to carry in the accomplishment of deeds 
redounding to the benefit of generations to follow; and 

WHEREAS Mrs. Sandra Kay Hamilton of Battle Creek, Michigan, 
has demonstrated her willingness to be such a person by donating 
to the State of Florida thirty acres of land owned by her within 
the Big Cypress acquisition area; and 

WHEREAS the Trustees of the Internal Improvement Trust 
Fund wish to publicly acknowledge Mrs. Hamilton's philanthropy 
and her unselfish action, as well as to express to her the 
appreciation of the State of Florida for having set an example 
for others to follow: Therefore be it 

RESOLVED by the Board of Trustees of the Internal 
Improvement Trust Fund, that the thanks of the Board on behalf 
of the State of Florida, is hereby expressed to Mrs. Sandra 
Kay Hamilton for her generous donation to this state; and be it 

RESOLVED further, That this resolution shall be spread 
upon the minutes of this meeting and a copy hereof be suitably 
enrolled, signed and sealed and presented to Mrs. Hamilton, 
and a copy be directed to the attention of each member of the 
Congress of the United States from Florida as an indication 
of the public interest and concern for. the future of the Big 
Cypress Watershed as part of the public domain in perpetuity. 

WITNESS the signatures of the Trustees and the Seal of 
the Board at Tallahassee, Florida, this 6th day of February, 
A. D. 1973. 



REUBIN O'D. ASKEW 



Governor 

RICHARD (DICK) STONE 



Secretary of State 



ROBERT L. SHEVIN 



Attorney General 
THOMAS D. O'MALLEY 



Treasurer 

FRED 0. DICKINSON, JR. 



Comptroller 
DOYLE CONNER 



Commissioner of Agriculture 
FLOYD CHRISTIAN 



Commissioner of Education 
(SEAL) 
State of Florida Board As and constituting the State of 
of Trustees of the Florida Board of Trustees of the 
Internal Improvement Internal Improvement Trust Fund 
Trust Fund 



RESOLUTION 

WHEREAS, certain real property owned by the United States, 
located in the County of Dixie, State of Florida, has been 



February 6, 1973 



289 



declared surplus and is subject to assignment for disposal for 
educational or public health purposes by the Secretary of Health, 
Education, and Welfare, under the provisions of Section 203 (k) 
(1) of the Federal Property and Administrative Services Act of 
1949 (63 Stat. 377), as amended, as rules and regulations 
promulgated pursuant thereto, more particularly described as 
follows : 

Tract No. 103 

A tract or parcel of land located at the SE% of the SWs of 
Section 2, Township 10 South, Range 12 East, Dixie County, 
Florida, the property known as the Cross City Air Force 
Station, Family Housing Area, more particularly described 
as follows : 

Commence at the Northeast corner of the SE% .of the SW% of 
Section 2, for a point of reference; run thence South 89 
degrees 18 minutes 50 seconds West, 240 feet, more or less, 
to the West bank of an existing rim canal and the point of 
beginning. From said point of beginning, continue South 
89 degrees 18 minutes 50 seconds West, 1080 feet to the 
Northwest corner of the SE% of the SW% of said Section 2 ; 
thence South 00 degrees 02 minutes 40 seconds East, 220 
feet, more or less, to a point on the arc of a circular curve 
to the right-with a radius of 111.80 feet and length of 
approximately 146.75 feet; run thence along said arc to the 
right, 146.75 feet to a point; thence South 2 degrees 38 
minutes 29 seconds East, 34.67 feet to a point; thence 
North 89 degrees 57 minutes 20 seconds East, 190 feet to a 
point; thence South degrees 02 minutes 40 seconds East, 
200 feet to a point; thence South 89 degrees 57 minutes 20 
seconds West, 100 feet to a point; thence South degrees, 
02 minutes 40 seconds East, 275 feet, more or less, to 
the Northern right-of-way line of an existing drainage canal; 
thence North 86 degrees 36 minutes 49 seconds East, 1300 feet 
more or less, to the Western edge of an existing rim canal; 
thence meander Northerly along the West bank of said rim 
canal, 800 feet, more or less, to the point of beginning, 
containing 19.60 acres. 

WHEREAS, the STATE OF FLORIDA BOARD OF TRUSTEES OF THE 
INTERNAL IMPROVEMENT TRUST FUND, needs and will utilize said 
property for educational purposes as set forth in its appli- 
cation and in accordance with the requirements of said Act 
and the rules and regulations promulgated thereunder, of 
which this Board is fully informed; 

BE IT FURTHER RESOLVED that the STATE OF FLORIDA BOARD OF 
TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND, has legal authority, 
is willing and is in a position to assume immediate care and 
maintenance of the property, and that Mr. Emmett S. Roberts, 
Secretary, of the Department of Health and Rehabilitative Services, 
be and he is hereby authorized, for and on behalf of the STATE 
OF FLORIDA BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST 
FUND, to do and perform any and all acts and things which may be 
necessary to carry out the foregoing resolution, including the 
preparing, making, and filing of plans, applications, reports, 
and other documents, the execution, acceptance, delivery, and 
recordation of agreements, deeds, and other instruments pertaining 
to the transfer of said property including the filing of copies 
of the application and the conveyance documents in the records of 
the Board, and the payment of any and all sums necessary on account 
of the purchase price thereof or fees (including the service charge, 
if any, assessed by the State Agency for Surplus Property) or costs 
incurred in connection with the transfer of said property for 
surveys, title searches, appraisals, recordation of instruments, 
or escrow costs. 

REUBIN O'D. ASKEW 



Governor 

RICHARD (DICK) STONE 



Secretary of State 



February 6, 1973 



290 



ROBERT L. SHEVIN 



Attorney General 

FRED 0. DICKINSON, JR, 



Comptroller 
THOMAS D. O'MALLEY 



Treasurer 



(SEAL) 
State of Florid Board of 
Trustees of the Internal 
Improvement Trust Fund 



Commissioner of Education 



DOYLE CONNER 



Commissioner of Agriculture 

As and constituting the State of 
Florida Board of Trustees of the 
Internal Improvement Trust Fund 



Tallahassee, Florida 
February 20, 1973 

The Board of Trustees of the Internal Improvement Trust Fund 
met on this date in the Haydon Burns Auditorium with the 
following members present: 



Reubin O'D. Askew 
Richard (Dick) Stone 
Robert L. Shevin 
Fred O. Dickinson, Jr. 
Floyd T. Christian 
Doyle Conner 



Governor 

Secretary of State 

Attorney General 

Comptroller 

Commissioner of Education 

Commissioner of Agriculture 



Joel Kuperberg 



Executive Director 



-1- 



Without objection, the minutes of the meeting on January 16, 
1973, were approved as submitted. 



BAY COUNTY 



LAND 
DESCRIPTION: 



LOCATION: 



APPRAISAL: 



AUTHORITY 
FOR SALE: 



DATE OF 
SALE: 



HIGH BIDDER: 



-2- 

Murphy Act Land Sale 
(January 26, 1973) 



Lot 14, Block 95, Lynn Haven, Section 4, 
Township 3 South, Range 14 West, Bay County. 

Subject lot is within the incorporated limits of 
the City of Lynn Haven and approximately 5 feet 
above mean sea level. Approximately 50% of the 
lot is usable land, dry sandy soil, level and 
well drained. The remaining 50% of the lot is 
vegetated with needle grass and subject to flood 
during high tides. The lot abuts an unpaved street. 

By staff appraiser, $250. 

Section 197.350, Florida Statutes. 

January 24, 1973, by Clerk of the Circuit Court of 
Bay County. 

William K. Beyer and wife, Ada Beyer 
Lynn Haven, Florida 



February 20, 1973 



HIGH BID: $250. 291 

Recommend confirmation of sale of the lot to William K. Beyer and 
wife, Ada Beyer, for $250 plus costs of advertising and clerk's 
fee. 

ACTION OF THE TRUSTEES : 

On motion by Mr. Dickinson, seconded by Mr. Stone and passed 
without objection, the Trustees confirmed sale of the Murphy 
Act land to Mr. Beyer and wife as recommended. 



-3- 

JEFFERSON COUNTY - Murphy Act Land Sale (Hardship Act) 
(January 23, 1973) 

APPLICANT: O. R. Hamrick, Jr. 

Post Office Box 269, Madison, Florida 

REQUEST: Application under Section 197.355, Florida Statutes, 
Chapter 28317, Acts of 1953 (Hardship Act), to 
purchase the east part of Lot 136, George Survey, 
Township 3 North, Range 4 East, Jefferson County, 
containing 29 acres embraced in Tax Sale Certificates 
Nos. 40 of August 6, 1917, 37 of October 6, 1919, 
90 August 1, 1921, 120 of August 7 of 1922 and 
518 of September 4, 1933. 

OFFER: $290 for this 29-acre parcel of land, which is $10 

per acre. The 1932 assessed value was approximately 
$100.00. 

STAFF 

COMMENTS: Section 197.355, Florida Statutes, provides that the 
Board may convey the interest of the state to the owner in 1939, 
or those claiming by, through or under that owner, for such 
consideration as the Board shall deem equitable and proper 
without advertisement and public sale. Ownership of this parcel 
of land is vested in O. R. Hamrick, Jr., heir of O. R. Hamrick, 
Sr. , as successor in title to Olin S. Home, the owner on 
June 9, 1939. The applicant qualifies under the so-called 
"Hardship Act." 

Due to the vague and incomplete legal description of this land 
as described in these certificates, they apparently were over- 
looked when an attempt was made to clear up all outstanding 
back taxes. 

There has been deposited with the Clerk of the Circuit Court 
of Jefferson County an amount equal to the sum of all state, 
county taxes and assessments due to the date of the application. 

Recommend conveying the interest of the State of Florida in this 
parcel of land to 0. R. Hamrick, Jr., for not less than $10 pef~ 
acre or $290, following established policy . 

ACTION OF THE TRUSTEES : 

On motion by Mr. Dickinson, seconded by Mr. Stone and passed 
without objection, the Trustees approved sale of this parcel 
of Murphy Act land as recommended by the staff. 



-4- 

OSCEOLA COUNTY - Lease for Gliderport 
(August 31, 1972) 

APPLICANT: Florida Soaring Society, Incorporated, a non-profit 
Florida corporation. 

REPRESENTED 

BY: Palmer W. Collins, Attorney 

Post Office Box 1486, Melbourne, Florida 



February 20, 1973 



292 

REQUEST: Lease of a tract of state land for use as a glider 
and sailplane facility. 

LOCATION: 55 acres in Section 17, Township 27 South, Range 3 3 
East, Osceola County. 

This parcel of land is an abandoned grass airstrip formerly 
known as the Holopaw Emergency Field which is uncommitted for 
use by the state at the present time. It is 2 7 miles west of 
Melbourne on State Road No. 500. The tract appears to be 
favorable for the use of glider planes because it is outside the 
scope of existing control zones, remote from concentrated 
residental areas and has sufficient elevation for the purpose. 

Staff favors a lease containing the following special terms and 
conditions : 

(1) Term of three years subject to renewal for an additional 
three years at the option of the Trustees. 

(2) Use restricted to glider and sailplane activity and 
directly related activities. 

(3) Lease subject to lessee obtaining all necessary permits 
and licenses . 

(4) Lease subject to cancellation following 120-day written 
notice. 

(5) Annual rental of $100 payable in advance. 

(6) Requirement that lessee maintain airstrip in a usable 
condition by keeping strip mowed and free of obstructions. 

(7) Requirement that airstrip be open for use by the public 
without charge. 

(8) No permanent buildings or structures allowed without 
prior consent of Trustees. 

Applicant has filed with the Federal Aviation Administration the 
appropriate form to allow reactivation of the abandoned airstrip 
for restricted use as a gliderport. Site evaluation and approval 
will be necessary from the Department of Transportation under 
state airport licensing laws when applicant has control of the 
property. 

Recommend lease of the 55 acres to Florida Soaring Society , 
Incorporated, for glider and sailplane activities under the 
terms and conditions set forth above . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Dickinson, seconded by Mr. Stone and passed 
without objection, the Trustees approved lease of the 55 acres 
to Florida Soaring Society, Inc., for glider and sailplane 
activities under the terms and conditions set out above. 



-5- 

DADE COUNTY - Road Right of Way Easement 
(February 5, 1973) 

APPLICANT: Dade County Board of County Commissioners. 

REQUEST: Easement for a connector road around the campus 
of Florida International University. 

LOCATION: 5.763 acres in NW% of Section 7, Township 54 South, 
Range 40 East, Dade County. 

Dade County by Resolution No. R-6-73 adopted January 9, 1973, 
requests sufficient land on the north and west sides of the 
Florida International University campus for a connector road 



February 20, 1973 



293 



from Southwest 117 Avenue to Southwest 112 Avenue, to provide 
an alternate route for traffic around the perimeter of the 
University rather than through the campus. Dade County will 
return to the state 0.577 acre of land no longer needed for 
right of way in connection with an interchange on the Homestead 
Extension of the Florida Turnpike. 

The Facilities Committee of the Board of Regents has reviewed 
and approved issuance of the easement. 

Recommend issuance of easement for public highway purposes only . 
ACTION OF THE TRUSTEES: 

On motion by Mr. Dickinson, seconded by Mr. Stone and passed 
without objection, the Board authorized issuance of easement 
to the Board of County Commissioners of Dade County for 
public highway purposes only. 



-6- 

At the request of Mr. W. D. Wilson, Jr. , Chairman of the Board 
of County Commissioners of Taylor County, the Trustees deferred 
hearing discussion of a line of demarcation along the coast 
that had been placed on the agenda at the request of the county, 



-7- 

JACKSON COUNTY - Dedication for Sewage Treatment Facility 
(January 29, 1973) 

APPLICANT: Town of Sneads 

REQUEST: Thirty acres of land at Apalachee Correctional 
Institution for location of a sewage treatment 
facility by the Town of Sneads. 

LOCATION: In the Vfe of SW% of Section 3, Township 3 North, 
Range 7 West, Jackson County. 

The Department of Health and Rehabilitative Services has reviewed 
and approved the request of the Town of Sneads. The treatment 
facility to be constructed by the town will be used by the 
Apalachee Correctional Institution, eliminating the need for 
construction of a new plant at the institution. The sewage system 
and sprinkler irrigation project for the town has been reviewed 
and approved by the Department of Pollution Control. 

Recommend dedication of the thirty acres to the Town of Sneads 
for sewage treatment facility purposes only, subject to the 
title reverting in the event the . land is used for other purposes 
or not used for sewage treatment facility purposes within a 
period of five years . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Dickinson, seconded by Mr. Stone and passed 
without objection, the Board approved dedication of thirty acres 
to the Town of Sneads for the purpose requested subject to the 
reversion provision recommended by the staff. 



-8- 

DADE COUNTY - Application for Disclaimer 

File No. 2492-13-253.129 (0.0233 acre) 
(January 11, 1973) 



STAFF DESCRIPTION: 



Three parcels of filled sovereignty land 
in the Biscayne Bay abutting Section 30, 
Township 53 South, Range 42 East, Dade County. 



CITY AND COUNTY: Miami, Dade County. 



February 20, 1973 



B. APPLICANT: 



294 



Biscayne Bay Development Corporation. 



F. 



BIOLOGICAL 
REMARKS: 



G. STAFF REMARKS 



C. APPLICANT'S 

REPRESENTATIVE: Michael B. Werner 

Suite 303, Roberts Building 

28 West Flagler Street, Miami, Florida 33130 

D. ACREAGE: Total for three parcels, 0.0233 acre 

E. APPRAISAL: Not applicable. 

Not applicable. 

The parcels are between original upland 
ownerships and parcels of sovereignty bottoms 
previously sold by the Trustees and filled 
by a predecessor in title. Application has 
been made pursuant to Section 253.12 9, Florida 
Statutes, which provides that "The title to 
all lands heretofore filled or developed is 
herewith confirmed in the upland owners and 
the trustees shall on request issue a dis- 
claimer to each such owner." 

Two affidavits have been submitted which state that the three 
parcels were filled during the summer of 1956 by a predecessor 
in title. 

$100 processsing fee has been submitted. 

Staff requests authority to issue the disclaimer . 

ACTION OF THE TRUSTEES : 

On motion by Mr. Dickinson, seconded by Mr. Stone and passed 
without objection, the Board authorized issuance of the 
disclaimer requested by Biscayne Bay Development Corporation. 



-9- 

SANTA ROSA COUNTY - Consideration of Oil and Gas Lease Bids 

APPLICANT: Sun Oil Company 
Dallas, Texas 

REQUEST: Consideration of oil and gas lease bids. 

LOCATION: NW^a of SE% of Section 13, Township 5 North, Range 
30 West, Santa Rosa County, less North 66 yards, 
containing 34 surface acres and 17 net mineral acres. 

INTEREST 

OF STATE: State of Florida under Chapter 18296, Acts of 1937 
(Murphy Act) , holds an undivided one-half interest 
under Murphy Act Deed No. 406. Proceeds from the 
lease will go to General Revenue unallocated. 

The lease requires an annual rental of $1 per net mineral acre, 
$50,000 surety bond, 1/6 royalty and at least one test well 
every 2% years drilled to 6,000 feet or to a depth sufficient 
to test the Norphlet Sands, whichever is deeper. 

Invitation to bid was advertised pursuant to law in the Tallahassee 
Democrat and the Press-Gazette, Milton, Florida, with bids to be 
opened at 10:00 A.M. (EST) on February 20 for consideration by 
t he Trustees. The right to reject any or all bids is reserved. 

Before lease can be issued it is necessary to hold a public 
hearing to allow interested persons to be heard with respect 
to issuance of lease. The hearing is required by Section 253.52, 
Florida Statutes, when a lease area lies within a radius of 
three miles of the boundary of any corporated city or town. 
The corporate boundary of the Town of Jay lies within three 
miles of the lease area. 



February 20, 1973 



295 



Recommend that James T. Williams of the Trustees' staff be 
designated to conduct the public hearing pursuant to law and 
report to the Trustees the results of the hearing, prior to 
the Trustees' taking final action on the proposed lease . 

ACTION OF THE TRUSTEES: 

Mr. James T. Williams of Land Records Division of the Trustees' 
office reported that three bids were received, one of which he 
could not recommend accepting because it was not properly marked 
as a sealed bid as called for in the notice. The other two bids 
were read, as follows: 

Sun Oil Company, total bid amount of $187.00 

Arden A. Anderson and Frederick Gillmore III of 
Pensacola, total bid amount of $15,168.11 which 
consisted of the first year's rental of $17 and 
a cash bonus of $15,151.11. 

Mr. Christian made a motion that the high bid be accepted. 
Mr. Williams informed the Trustees that prior to awarding the 
lease it would be necessary to hold a public hearing because 
the land was located within three miles of the corporate limits 
of the Town of Jay. 

On motion by Mr. Conner, seconded by Mr. Stone, the Board 
received the bids and took no action until after the public 
hearing that Mr. Williams was authorized to conduct. 



-10- 

SUWANNEE COUNTY - Drainage Ditch Easement 
(September 19, 1972) 

APPLICANT: Department of Transportation 
Tallahassee, Florida 

REQUEST: Easement across state land for two outfall and 
drainage ditches. 

LOCATION: 0.50 acre in W% of SE% of Section 15, Township 2 

South, Range 14 East, being a part of the University 
of Florida Experiment Station in Suwannee County. 

The Board of Regents has reviewed and approved granting the 
easement. 

Recommend issuance of the drainage easement . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Dickinson, seconded by Mr. Stone and passed 
without objection, the Trustees authorized issuance of the 
drainage easement to the Department of Transportation. 



■11- 



LEE COUNTY 



Advertise for Oil and Gas Lease 
(January 23, 1973) 



APPLICANT: Exxon Company, U.S.A. 
New Orleans, Louisiana 

REQUEST: Advertise for sealed bids on oil and gas lease 

LOCATION: Sunland Training Center at Fort Myers, in NW% 
of SE% and SJ3 of SE% of Section 7 , S^ of SW% 
and SW% of SE% of Section 8, North 1730 feet of 
W 3/4 of Section 17, and North 1730 feet of E*s 
of Section 18, in Township 44 South, Range 26 
East, Lee County, containing 502.12 acres. 



February 20, 1973 



296 



INTEREST 

OF STATE: The Trustees hold fee title to this tract of land 

which is leased to the Department of Health and 

Rehabilitative Services for its use and benefit. 

All proceeds from the proposed lease will go to 

that Department. 

The Department of Health and Rehabilitative Services has 
reviewed this request and is agreeable to offering the property 
for lease provided the right is reserved by the Department to 
approve or disapprove the drilling of any wells proposed on 
the leased land. 

This request has been reviewed by the Director of Interior 
Resources, Department of Natural Resources, who concurs in the 
following recommendation. 

Recommend advertising for sealed bids for a five-year primary 
term oil and gas drilling lease with annual rental of $1 per 
net mineral acre, 1/8 royalty, $100,000 surety bond, at least 
one test well every 2% years drilled to 6,000 feet or to the 
top of the Sunniland limestone formation or equivalent, which - 
ever is deeper, with the right reserved by the Department of 
Health and Rehabilitative Services to approve or disapprove the 
drilling of any wells proposed on the leased land . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Dickinson, seconded by Mr. Stone and passed 
without objection, the Trustees approved advertising the land 
for sealed bids for an oil and gas lease as recommended by 
the staff. 



-12- 

BAY COUNTY - Murphy Act Conveyance 
(February 7, 1973) 

APPLICANT: City of Lynn Haven, 

represented by William V. Kinsaul, City Manager 
Lynn Haven, Florida 32444 

REQUEST: Purchase of a parcel of land described as follows: 
Begin at the Northwest corner of Lot 1, Block 6 of 
the Lynn Haven (Amendment to Plat No. 1) Plat Book 
5, page 11 of the Public Records of Bay County, 
Florida; thence North along the extended West line 
of Lot 1 a distance of 95 feet, more or less, to 
the waters of St. Andrews Bay; thence Westerly, 
Southerly and Easterly along the waters of 
St. Andrews Bay and an unnamed bayou to a point 
3 feet South of the Point of Beginning; thence 
North 3 feet to Point of Beginning, .44 acre, more 
or less, under Section 197.350(1) (b) , Florida 
Statutes. 

OFFER: $660, value determined by staff appraiser. 

PURPOSE: Public park and beach purposes. 

Recommend issuance of deed to City of Lynn Haven under Section 
197.350 (1) (b) , without advertisement and public sale for the 
appraised price of $660 . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Dickinson, seconded by Mr. Stone and passed 
without objection, the Trustees approved issuance of a deed 
conveying the parcel of land to the City of Lynn Haven under 
Section 197. 350 (1) (b) as recommended by the staff. 



February 20, 1973 



297 



-13- 

ORANGE COUNTY - Electric Transmission Line Easement 

APPLICANT: Florida Power Corporation 
St. Petersburg, Florida 

REQUEST: An eight-foot wide easement for overhead electrical 
facilities and a ten-foot wide easement for under- 
ground electrical facilities to service the new 
Division of Corrections' Community Corrections 
Center at the Sunland Hospital near Orlando. 

LOCATION: East 8 feet of South 260 feet of W% of SE^s and 

North 10 feet of South 246 feet of East 210 feet 
of W*s of SE% in Section 14, Township 22 South, 
Range 2 8 East, Orange County. 

The Department of Health and Rehabilitative Service has reviewed 
and approved issuance of the easement. 

Recommend issuance of the easement requested for electrical 
distribution and transmission line purposes only . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Dickinson, seconded by Mr. Stone and passed 
without objection, the Trustees authorized issuance of the 
easement to Florida Power Corporation for electrical distribu- 
tion and transmission line purposes only. 



-14- 

FRANKLIN AND GULF COUNTIES - Seismic Survey Permit 

(February 12, 1973) 

APPLICANT: TransOcean Oil, Inc. 

1700 First City East Bldg., Houston, Texas 77002 

REQUEST: To conduct a seismic survey using air gun method 
which will not utilize explosive charges. 

LOCATION: In the Gulf of Mexico, offshore on a line extending 
from Cape San Bias eastward to Cape St. George. 

TransOcean has applied for a permit from the Department of 
Natural Resources and has obtained permission from Coastal 
Petroleum Co. as a portion of the proposed seismic survey line 
extends into Coastal's Lease No. 224-A, as Modified. 

Recommend approval and consent to the seismic survey insofar as 
the interest of the Trustees extends, subject to approval of the 
Department of Natural Resources . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Dickinson, seconded by Mr. Stone and passed 
without objection, the Trustees approved and consented to the 
seismic survey as recommended by the staff. 



-15A- 

OKALOOSA COUNTY - Right of Way Easement File 2451-46-253.03 
(April 10, 1972) 

APPLICANT: Department of Transportation 
Tallahassee, Florida 

PROJECT: Drainage for storm water outfall, a part of construc- 
tion for State Road 20. Some dredging is required. 

LOCATION: 0.20-acre parcel of sovereignty land in Garnier ' s 
Bayou, abutting Section 1, Township 2 South, Range 
24 West, Okaloosa County. 



February 20, 1973 



298 



PAYMENT : 



None . 



STAFF 

REMARKS: Field Operations Division recommends issuance of 

the easement subject to requiring use of turbidity 

controls during construction. 

ECOLOGICAL 

RESPONSES: Department of Natural Resources - No objection. 

Game and Fresh Water Fish Commission - Should 
degradation of the waters occur to a serious extent 
the Commission would undoubtedly require remedial 
action. 

Department of Pollution Control - No objection. 

OTHERS: 1. The Okaloosa County Pollution Control and Water 

Resources Advisory Board approved the present plans 
November 21, 1972. 

2. The Board of County Commissioners of Okaloosa County 
approved the project August 17, 1971. 

Staff requests authority to issue the right of way easement . 

ACTION OF THE TRUSTEES : 

On motion by Mr. Dickinson, seconded by Mr. Stone and passed 
without objection, the Trustees authorized issuance of the 
easement to the Department of Transportation. 



-15B- 

OKALOOSA COUNTY - Dredge Permit No. 253.123-1138 
(April 10, 1972) 



APPLICANT; 



Department of Transportation 
Tallahassee, Florida 



PROJECT: To construct an outfall for storm drainage into 
Gamier Bayou 

LOCATION: Section 1, Township 2 South, Range 24 West, 
Gamier Bayou, Okaloosa County. 

MATERIAL: Approximately 332 cubic yards of material to be removed. 



STAFF 
REMARKS : 



Field Operations Division recommends issuance of 
the permit, but requires the use of turbidity 
controls during construction to prevent siltation 
of the bayou. 



ECOLOGICAL 

RESPONSES: Department of Natural Resources - The project would 
not adversely affect marine biological resources. 

Game and- 1 Fresh Water Fish Commission - Road runoff is 
usually high in nutrients and other deleterious 
substances which will serve to degrade the waters of 
the bayou. Should degradation occur to a serious 
extent, we would undoubtedly require remedial action. 

Department of Pollution Control - This department has 
no objection. 

OTHERS: 1. The Board of County Commissioners of Okaloosa County 
approved the project on August 17, 1971. 

2. The Okaloosa County Pollution Control and Water 

Resources Advisory Board approved the present plans 
November 21, 1972. 

Staff recommends issuance of Permit No. 253.123-1138 subject to 
the use of turbidity controls during construction . 



February 20, 1973 



299 



ACTION OF THE TRUSTEES; 



On motion by Mr. Dickinson, seconded by Mr. Stone and passed 
without objection, the Trustees authorized issuance of the 
permit subject to the provision recommended by the staff. 



-16- 

CHARLOTTE COUNTY - Maintenance Dredging Permit No. 08-21-0430 
(September 12, 1972) 

APPLICANT: City of Punta Gorda 

326 West Marion Avenue, Punta Gorda, Florida 33950 

PROJECT: To perform maintenance dredging so that the navigable 
capacity of Shell Creek is maintained. 

LOCATION: Section 20, Township 40 South, Range 24 East, 
Charlotte County. 

MATERIAL: Approximately 6 85 cubic yards of material to be 

removed and placed on upland owned by the City of 
Punta Gorda. 

PAYMENT: Not applicable, as the material will be placed on 
city-owned upland. 

STAFF REMARKS: Field Operations Division has no objection to 
the proposed maintenance project. 



ECOLOGICAL 
RESPONSES: 



Department of Natural Resources - The proposed dredging 
should not have adverse effects on marine biological 
resources . 



Game and Fresh Water Fish Commission - This department 
has no objection to the project. 

Department of Pollution Control - This department has 
no objection to the proposed project. 

Staff recommends issuance of Permit No. 08-21-0430 . 

ACTION OF THE TRUSTEES : 

On motion by Mr. Dickinson, seconded by Mr. Stone and passed 
without objection, the Trustees authorized issuance of the 
permit for maintenance dredging. 



-17- 



COLLIER COUNTY 



Fill Permit No. 11-12-0230 
(November 17, 1972) 



APPLICANT: Captain Ted R. Smallwood 
Post Office Box 95 
Everglades City, Florida 33929 

PROJECT: To restore a bulkhead 1,421 feet long along the 
Barron River. 

LOCATION: Section 11, Township 53 South, Range 29 East, 
Barron River, Collier County. 

MATERIAL: 1,000 cubic yards of fill to be trucked in. 

PAYMENT: Not applicable. 



STAFF 
REMARKS : 



Field Operations recommends approval of permit subject 
to strict adherence to permit stipulations. 



February 20, 1973 



300 



ECOLOGICAL 

RESPONSES: Department of Natural Resources - No adverse effects 
on marine resources are foreseen as a result of the 
project. Riprap bulkheading is recommended on 
biological and hydrographic grounds. 

Game and Fresh Water Fish Commission - This department 
has no objection. 

Department of Pollution Control - This department has 
no objection to the proposed project. 

NOTE: The applicant was notified of the recommendation of 
the Department of Natural Resources. He requested 
that the application for a vertical seawall be approved 
since a riprap seawall would not meet his requirements. 

Staff recommends issuance of Permit No. 11-12-0230 . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Dickinson, seconded by Mr. Stone and passed 
without objection, the permit to Captain Smallwood was approved. 



-18- 

DADE COUNTY - Dredge and Fill Permit No. 253.123-1139 
and 253.124-289 
(November 16, 1972) 

APPLICANT: Island House Apartments, Inc. 

One Ocean Lane Drive, Key Biscayne, Florida 33149 



PROJECT : 



LOCATION : 



MATERIAL ! 



PAYMENT ; 



To dredge from an offshore borrow area for beach 
nourishment purposes. 

Section 33, Township 54 South, Range 42 East, 
shore of Atlantic Ocean, Dade County. 

7,500 cubic yards of sovereignty material to be 
placed on sovereignty land adjacent to upland owned 
by applicant for beach nourishment. 

Not applicable. 



STAFF 
REMARKS : 



Field Operations Division has no objection to the 
project. 



ECOLOGICAL 
RESPONSES: 



Department of Natural Resources - October 16, 1970: 
The proposed dredging and filling should not have 
significant adverse effects on marine life of the 
area. 

Bureau of Beaches and Shores - September 19, 1972: 
Such a combined program should have substantial 
benefits both with regard to beach preservation and 
protection to upland property. 

Game and Fresh Water Fish Commission withdrew its 
objections to the project. 

Department of Pollution Control - This department 
has no objections to the project. 



Dade County approved the project by Resolution No. 
R-1433-70 dated December 1, 1970. 



OTHERS : 

Staff recommends issuance of Permits No. 253.123-1139 and 
253.124-289. 



ACTION OF THE TRUSTEES: 

On motion by Mr. Dickinson, seconded by Mr. Stone and passed 
without objection, the Trustees approved issuance of the permits. 



February 20, 1973 



301 



-19- 

DUVAL COUNTY - Dredge Permit No. 253.123-1199 
(May 10, 1972) 

APPLICANT: Reinhold Corp., c/o Harbor Engineering Co. 

1039 Flagler Avenue, Jacksonville, Florida 32207 



PROJECT : 

LOCATION : 
MATERIAL : 

PAYMENT : 

STAFF 
REMARKS : 



To dredge a channel approximately 50 feet wide x 
500 feet long to a depth of -5 feet mean low water 
and deposit the spoil material on uplands. 

Section 37, Township 1 South, Range 29 East, 
Fort George River, Duval County. 

Approximately 2,985 cubic yards of material to be 
placed on uplands. 



ECOLOGICAL 
RESPONSES: 



$2,985 for material to be removed. 

It doesn't appear that any damage of significant amount 
will occur from the dredging or the placement of spoil 
as long as precautions are taken. No creeks should 
be filled. 

Department of Natural Resources - If the work is 
carefully done to minimize turbidity and siltation, 
the dredging should not have significant adverse 
effects on marine biological resources. The spoil 
area should be adequately diked to retain the dredged 
materials and should exclude productive marsh grass 
bottoms . 

Game and Fresh Water Fish Commission - The proposed 
work will have no deleterious effects on fish or wild- 
life in the area. 

Department of Pollution Control - This department has 
no objection to the proposed project. 

Sta ff recommends issuance of Permit No. 253.123- 1199 provided 
the spoil area is adequately diked to preclud edamage to adjacent 
marsh and turbidity controls are utilized duringdredging, . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Dickinson, seconded by Mr. Stone and passed 
without objection, the Trustees approved issuance of the permit 
with the provisions recommended by the environmental agency. 



ESCAMBIA COUNTY 



-20- 

Artificial Reef Permit No, 
(December 18, 1972) 



17-32-0310 



APPLICANT: Santa Rosa Island Authority „- EC , 

Post Office Box 9008, Pensacola Beach, Florida 32561 

PROJECT: To construct an artificial fishing reef in the Gulf 
of Mexico in water of 70 foot depth; will extend 
15 feet above the natural bottom. 

LOCATION: 30 degrees, 16 minutes, 54 seconds North Latitude, 
87 degrees, 10 minutes, 24 seconds West Longitude, 
Gulf of Mexico, Escambia County. 

MATERIAL: Three open hopper barges filled with concrete pipe 
and rubble. 

PAYMENT: Not applicable. 



STAFF 
REMARKS : 



Field Operations Division has no objection to the 
proposed reef. 



February 20, 1973 



302 



ECOLOGICAL 

RESPONSES: Department of Natural Resources - Installation of the 
proposed offshore artificial reef should not have 
significant adverse effects on marine biological 
resources . 

Game and Fresh Water Fish Commission - This department 
has no objection. 

Department of Pollution Control - This department has 
no objection to the proposed subject project. 

Staff recommends issuance of Permit No. 17-32-0310 . 

ACTION OF THE TRUSTEES : 

On motion by Mr. Dickinson, seconded by Mr. Stone and passed 
without objection, the Trustees approved issuance of Artifi- 
cial Reef Permit No. 17-32-0310. 



-21- 



HILLSBOROUGH COUNTY 



Dredge and Fill Permit No. 29-31-0186 
(October 5, 1972) 



APPLICANT: Underwriter's Laboratories, Inc. 
c/o Watson and Company 
Post Office Box 18405, Tampa, Florida 33609 

PROJECT: To construct a seawall and incidental backfilling 
adjacent and contiguous to existing uplands and 
construction of a boat slip with incidental naviga- 
tional maintenance dredging. 

LOCATION: Section 8, Township 30 South, Range 18 East, 
Old Tampa Bay, Hillsborough County. 

MATERIAL: 500 cubic yards of material to be placed behind the 
seawall. (Amount of material to be removed from 
submerged lands not owned by the applicant is nominal, 
a few cubic yards at most.) 

PAYMENT: Not applicable. State-owned submerged lands not involved. 



STAFF 
REMARKS : 



Field Operations has no objection to the project 
provided the bulkhead is in place prior to any filling. 



ECOLOGICAL 
RESPONSES: 



Department of Natural Resources - The proposed bulk- 
head and fill should have relatively limited adverse 
effects on marine life. 



Game and Fresh Water Fish Commission - Recommend that 
the proposed bulkhead be relocated to above the mean 
high water line and that no filling take place below 
this point. Also, recommend that the applicant 
consider the use of a riprap wall rather than a 
vertical concrete seawall. 

Department of Pollution Control - Certification will 
be issued pending a favorable response to the public 
notice and notification of approval of the project by 
the Board of Trustees. 



OTHERS : 



NOTE; 



Tampa Port Authority issued Permit No. TPA 72-14 on 
September 13, 1972. 

Applicant has considered the Game and Fresh Water 
Fish Commission comments and feels that the location 
of the bulkhead as proposed must remain. He would 
consider placement of rock riprap at the toe of 
the bulkhead for erosion protection. 



February 20, 1973 



303 



Staff recommends issuance of Permit No. 29-31-0186 provided rip - 
rap is placed along the face of the seawall and the seawall is 
constructed prior to placement of fill . 

ACTION OF THE TRUSTEES : 

On motion by Mr. Dickinson, seconded by Mr. Stone and passed 
without objection, the Trustees approved issuance of the dredge 
and fill permit with the provisions recommended by the staff. 



MONROE COUNTY 
APPLICANT 
PROJECT : 



-22- 

Dredge Permit No. 253.03-352 
(November 20, 1972) (Revised) 

Neptunian Mariculture Industries & Research, Inc, 
Box 19-D, Islamorada, Florida 33036 



To dredge a water intake canal 7.5 feet wide x 5.7 
feet deep x 20 feet long extending from the low tide 
line. 



LOCATION: 
MATERIAL: 
PAYMENT : 



STAFF 
REMARKS 



ECOLOGICAL 
RESPONSES: 



Sections 7, 8, 18, Township 63 South, Range 38 East, 
Plantation Key, Monroe County. 

Approximately 16 cubic yards of material to be 
placed on uplands. 

$240 for state-owned material at standard rate. 
$1,200 previously submitted for original proposal. 

Field Operations Division has no objection to the 
proposed project. 

Department of Natural Resources - A project of such 
limited dimensions will not have significant adverse 
effect on marine natural resources. 

Game and Fresh Water Fish Commission - This department 
offers no objection to the project. 

Department of Pollution Control - This department 
intends to certify the opening of one canal to the 
ocean. 

Staff recommends issuance of Permit No. 253.03-352 and refund of 
$860 overpayment . 

ACTION OF THE TRUSTEES : 

On motion by Mr. Dickinson, seconded by Mr. Stone and passed 
without objection, the Trustees authorized issuance of the dredge 
permit and $860 refund to the applicant. 



BAY COUNTY 
APPLICANT: 
PROJECT : 

LOCATION : 

MATERIAL : 
PAYMENT : 



-23- 

Marina License and Construction Permit 03-30-0234 
(October 27, 1972) 

Grand Lagoon Company -.-.-, 

Post Office Box 9137, Panama City, Florida 32401 

To construct docking facilities covering approxi- 
mately 4,960 square feet in an existing basin of 
a private yacht and country club. 

Section 14, Township 4 South, Range 15 West, 
Grand Lagoon, Bay County. 

Not applicable. 

$100 minimum annual fee. 



February 20, 1973 



304 



STAFF 
REMARKS: 



ECOLOGICAL 
RESPONSES: 



Field Operations has no objection to issuance of the 
marina license provided fueling facilities comply 
with the Department of Pollution Control recommen- 
dations . 

Department of Natural Resources - The addition of 
the proposed docks in the basin area should not 
have any detrimental effects on marine biological 
resources. 

Game and Fresh Water Fish Commission - This 
department has no objection. 

Department of Pollution Control - This department 
has no objection to the proposed project. 

Staff recommends issuance of Marina License and Construction 

Permit No. 03-30-0234 subject to compliance with Department 

of Pollution Control's guidelines regarding fueling facilities . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Dickinson, seconded by Mr. Stone and passed 
without objection, the Trustees approved issuance of the marina 
license and construction permit subject to compliance with 
guidelines of the Department of Pollution Control regarding 
fueling facilities. 



-24- 

PALM BEACH COUNTY - Marina License and Construction Permit 
No. 50-30-0050 
(December 15, 1972) 

APPLICANT: WoOdside Associates 

c/o Lindahl-O'Brien, Inc. 

Post Office Box 727, Jupiter, Florida 33458 

PROJECT: To construct a 200-foot x 4-foot wood dock on the 
south shore of the Loxahatchee River. 

LOCATION: Section 36, Township 40 South, Range 42 East, 
Loxahatchee River, Palm Beach County. 

MATERIAL: Not applicable. 
PAYMENT: $100 minimum fee. 



STAFF 
REMARKS: 

ECOLOGICAL 
RESPONSES : 



Field Operations Division has no objection. 

Department of Natural Resources - Construction of 
the proposed dock should not have significant adverse 
effects on marine biological resources. 

Game and Fresh Water Fish Commission - This department 
has no objection. 

Department of Pollution Control - Recommend that the 
dredging portion be deleted. No objection to the 
dock construction. 

Staff recommends issuance of Marina License and Construction 
Permit No. 50-30-0050 . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Dickinson, seconded by Mr. Stone and passed 
without objection, the marina license and construction permit 
was approved. 



February 20, 1973 



305 



-25- 

PINELLAS COUNTY - Marina License Renewal Permit ML-7 8 
(January 8, 1973) 



APPLICANT; 

PROJECT : 
LOCATION : 

MATERIAL : 

PAYMENT : 

STAFF 
REMARKS: 



ECOLOGICAL 
RESPONSES: 



Points West Apartments, (Greenfeathers , Inc.) 

c/o James R. Moody 

12000 Capri Circle, Treasure Island, Florida 33706 

To renew ML-7 8 for one year. 

Section 23, Township 31 South, Range 15 East, 
Pinellas County. 

Not applicable. 

$100 minimum annual fee received. 



Field Operations has no objection. The dock 
conforms to the approved plans. 



Not applicable. 

Staff recommends renewal of ML-78 for one year . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Dickinson, seconded by Mr. Stone and passed 
without objection, renewal of the marina license for one year 
was approved . 



-26- 

PALM BEACH COUNTY - Erosion Control Line and Dredge Permit 
No. 50-24-0261 
(November 8, 1972) 



APPLICANT; 



PROJECT ; 



LOCATION : 

MATERIAL : 

PAYMENT : 

STAFF 
REMARKS : 



ECOLOGICAL 
RESPONSES : 



City of Delray Beach 

c/o Arthur V. Strock 

829 S. E. Ninth Street, Palm Plaza 

Deerfield Beach, Florida 33441 

To establish an erosion control line in accordance 
with the provisions of Section 161.151, Florida 
Statutes, for the purpose of nourishing 15,096 lineal 
feet of eroded beach, and to dredge 1,100,000 cubic 
yards from a borrow area located 2,500 feet offshore 
in the Atlantic Ocean, the material to be placed along 
14,000 feet of Delray Beach (survey attached as exhibit). 

Atlantic Ocean adjacent to Sections 9, 10, 15, 16, 21 and 
28, Township 46 South, Range 43 East, Palm Beach County. 

1,100,000 cubic yards of material. 

None. Material will be placed on sovereignty land. 



Field Operations Division has no objections to the 
proposed beach restoration. 



Department of Natural Resources - The Bureau of Beaches 
and Shores certifies that severe beach erosion has 
occurred in this area; the northerly portion of the beach 
has been destroyed and the southerly portion may be 
destroyed in the immediate future unless a publicly 
financed program is undertaken. Survey and Manage - 
m ent : There should not be widespread long-term, adverse 
effects to marine natural resources if the applicant 
confines his work precisely to the delineated dredge 
and fill areas. The applicant is cautioned to restrict 
work to the approved borrow area. Failure to do so 



February 20, 1973 



306 

can be expected to result in severe and possibly 
irreparable damage to the reef in this area. 

Game and Fresh Water Fish Commission - This department 
has no objection to the project. 

Department of Pollution Control - This department has 
no objection to the proposed project providing there 
will be no dredging within 50 feet of any reef. 

OTHERS: 1. City Council of City of Delray Beach by Resolution 
8-72 requests the Board of Trustees to establish an 
erosion control line for beach nourishment purposes. 

2. Division of Archives, History and Records Management 
approves with the following stipulations: 

(a) The magnetometer survey be run at 100' intervals. 

(b) The survey area be temporarily marked prior to 
magnetometer operations. 

(c) Were an archaeological site located during the 
survey, no dredging be permitted in the immediate 
area until the site can be examined and tested 

by the staff. 

3. A public hearing was held after proper public notice 
was given. The hearing examiner's report is attached 
as a exhibit. 

Staff recommends that the Board establish the erosion control line 
as surveyed by the City of Delray Beach and presented for considera - 
tion of the Trustees of the Internal Improvement Trust Fund at the 
public hearing held September 25, 1972, at Delray Beach City Hall, 
and issuance of permit No. 50-24-261 subject to stipulations of 
the state agencies . 

ACTION OF THE TRUSTEES : 

On motion by Mr. Stone, seconded by Mr. Christian and passed 
without objection, the staff recommendation was accepted as 
the action of the Board. 



-27- 

DADE COUNTY - Assignment of Lease No. 2390 
(January 30, 1973) 

APPLICANT: H. Earl Smalley 

Drawer Z, Little River, Miami, Florida 33138 

PROJECT: Mr. Smalley, holder of Campsite Lease No. 239 which 
has been renewed through August 26, 1973, requests 
assignment of the lease to Wm. R. Middelthon, Jr., 
as Trustee, Post Office Box 1159, Coral Gables, 
Florida 33134. 

LOCATION: Biscayne Bay. 

PAYMENT: $25 processing fee for assignment has been paid. 

STAFF 

REMARKS: Instrument of assignment and assumption of all 

obligations of the lease, executed by both parties, 
has been approved by staff legal counsel. 

ECOLOGICAL 

RESPONSES: Not applicable. 

Staff recommends approval of assignment of Lease No. 239 to 
William R. Middelthon, Jr., As Trustee, provided that sanitary 
facilities are installed by the lessee to prevent discharge of 
any raw sewage from the site . 



February 20, 1973 



307 



ACTION OF THE TRUSTEES 



On motion by Mr. Stone, seconded by Mr. Dickinson and passed 
without objection, the Trustees approved assignment of the 
lease as requested, subject to the provision recommended by the 
staff. 



-28- 

REQUEST FOR EXTENSION OF 12 DAY PROCESSING PERIOD 

Processing of the following applications has not been completed. 
The reason the files are not complete is noted for each. 



FILE AND 
COUNTY 



44-20-0170 
Monroe 



11-13-0172 
Collier 



09-20-0179 
Citrus 

52-12-0180 
Pinellas 

58-12-0181 
Sarasota 

58-12-0182 
Sarasota 

03-12-0193 
Bay 



APPLICANT 



James D. Young 



REASON 

This application falls 
under DPC moratorium in 
Monroe County. A hydro- 
graphic survey is required 
by DNR. 



Everglades Develop- A hydrographic survey is 
ment for James J. required by DNR 
Jentgen 

Edward T. Newell Comments have not been 
received from DPC 



Harold R. Carlson 



R. C. Hodson 



Sam Kaplan 



Parkway Villa 
Apartments 



Comments have not been 
received from DPC 



Comments have not been 
received from DPC 



Comments have not been 
received from DPC 



Comments have not been 
received from DPC 



06-13-0202 

Broward 



Comments have not been 
received from DPC 



FPA Corporation 

Staff recommends a 60-day extension of the processing period for 
these applications . 

ACTION OF THE TRUSTEES : 

On motion by Mr. Dickinson, seconded by Mr. Stone and passed 
without objection, the Trustees allowed 60-day extension of 
the processing period for the eight applications listed on 
the agenda. 



On motion by Mr-. Stone, seconded by Mr. Christian, the rules 
were waived for consideration of the following items not on 
the original printed agenda. 



•29- 



LEE COUNTY - Authorization to File Suit 

Palm Acres Incorporated 

Post Office Box 907 

Fort Myers, Florida 33902 



PROJECT : 



Dredge and fill subdivision 



LOCATION: Caloosahatchee River, Section 34, Township 45 
South, Range 23 East, Lee County. 



February 20, 1973 



303 



SCOPE OF 

UNAUTHORIZED 

WORK: Approximately 110,444.67 cubic yards of fill 

has been removed from approximately 6.542 acres 
of submerged land and approximately 5.19 acres of 
submerged land has been filled adjacent to 
dredged areas. 

None of the above work was authorized by the 
Trustees or the U. S. Army Corps of Engineers. 
Presently the corporation is building homes on 
or adjacent to the unauthorized fill area. 

Staff requests authorization to file suit for restoration and 
damages. Also requests authorization to enjoin Palm Acres from 
further construction. Negotiations for settlement have been 
exhausted . 

ACTION OF THE TRUSTEES: 

Comptroller Dickinson, commending the staff for excellent 
documentation of the report, made a motion to approve the staff 
request. Mr. Christian seconded the motion. 

Mr. Jack Rice from Miami, representing Palm Acres, Inc., said 
he had not been able to secure a meeting with the Director to 
discuss the problem before being notified that staff recommen- 
dation would be on the agenda requesting authority to enjoin 
building on two of the fingers and file suit to require restora- 
tion of the area. Mr. Rice considered restoration unreasonable, 
advising the Trustees that both of the fingers had been constructed 
for a considerable period of time, lots and blocks platted on 
record with the county, practically all the lots sold and 
several houses built; and on the other side that has been platted, 
which is part of Palm Acres, all lots have been sold and prac- 
tically all built on. 

Mr.. Rice stated that he had not been involved in the original 
meeting when the staff had proposed a settlement payment of 
$25,000 for the fill that was removed plus construction of a 
bulkhead along the side to control the channel water. The 
applicant at that time, requesting consideration under a 
different aspect, proposed making water studies and had employed 
an ecologist for that purpose. Mr. Rice objected to the staff 
request to bring a lawsuit. 

Motion was made by Mr. Stone, seconded by Mr. Dickinson and 
passed without objection, approving the staff recommendation. 



-30- 

DUVAL COUNTY - Open Water Spoil Area 

Placed on the agenda at the request of the State Treasurer. 

An open water spoil area located south of the Fuller Warren Bridge 
in the St. Johns River and delineated by U. S. Corps of Engineers 
Permit Notice SAJSP 70-2 has been utilized by the Jacksonville Port 
Authority and private industry for deposition of maintenance spoil 
for several years. Since 1970, the biological comments obtained 
from the Department of Natural Resources and the Florida Game 
and Fresh Water Fish Commission have recommended that alternate 
upland spoil sites be located to eliminate open water spoiling 
and accompanying siltation and pollution. 

S taff requests authority to notify the Jacksonville Port Authority 
that the Trustees will not approve additional open water spoiling 
in this location and that alternate sites should be located since 
existing permits to utilize the area expire in December of 1973 . 
The staff will offer to assist the Port Authority in this regard . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Stone, seconded by Mr. Dickinson and passed 
without objection, the staff request was approved as the action 
of the Trustees. 



February 20, 1973 



309 



-31- 

DUVAL COUNTY - Dredge Permit No. 16-21-0260 
(January 17, 1973) 

APPLICANT: Jacksonville Shipyards, Inc. 

Post Office Box 2347, Jacksonville, Florida 32203 

PROJECT: To modify Permit No. 253.123-1159 so as to dredge 
sovereignty land beyond the existing pierhead and 
bulkhead line and to install a concrete pile supported 
dolphin and prestressed pier. 

LOCATION: Section 13, Township 2 South, Range 26 East, 
St. Johns River, Duval County. 

MATERIAL: Approximately 22,630 cubic yards to be dredged. 
7,000 cubic yards of material will be deposited 
as back-fill behind the new bulkhead; the remainder 
will be deposited in the open water spoil area 
previously authorized under Trustees Permit 
No. 253.123-642. 

PAYMENT: $7,000 received for material to be placed on privately 
owned lands . 



STAFF 
REMARKS : 



Field Operations Division recommends that the permit 
be issued only if an upland spoil area is used instead 
of the open water site. 



ECOLOGICAL 

RESPONSES: Department of Natural Resources - The proposed dredging 
and pier construction should not significantly affect 
biological resources in this industrialized section of 
the St. Johns River. Spoil will be hauled in barges 
to a previously used open water spoil site in the river. 
In open water spoil operations, it is impossible to 
contain the fine, silty materials. The re-use of this 
area would probably not have significant adverse effects 
on the river; however, whenever possible, spoil should 
be placed within diked upland areas or hauled away. 

Game and Fresh Water Fish Commission - This department 
has no objection except for the open water spoil site. 

Department of Pollution Control - This department 
states that no action will be taken until the problems 
associated with the spoil area are resolved. 

Staff recommends modification of Permit 253.123-1159 with the 
stipulation that an acceptable alternate spoil site must be 
approved by the Trustees for any work under this modified permit 
after December 31, 1973 . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Dickinson, seconded by Mr. Stone and passed 
without objection, the Trustees approved modification of 
Permit 253.123-1159 with the stipulation recommended by the 
staff. 



On motion duly adopted, the meeting was adjourned 




GOVERNOR - CHAIRMAN 



ATTEST: 




February 20, 1973 



310 



Tallahassee, Florida 
March 7, 1973 



The State of Florida Board of Trustees of the Internal Improvement 
Trust Fund met on this date in the Haydon Burns Auditorium with 
the following members present: 

Reubin O'D. Askew Governor 

Richard (Dick) Stone Secretary of State 

Robert L. Shevin Attorney General 

Thomas D. O'Malley Treasurer 

Floyd T. Christian Commissioner of Education 

Doyle Conner Commissioner of Agriculture 



Joel Kuperberg Executive Director 



-1- 
On motion adopted without objection, the minutes of the meeting 
of February 6, 1973, were approved as submitted. 



RULES IMPLEMENTING THE STATE WILDERNESS SYSTEM ACT (Sections 
258.17-258.33 Florida Statutes) 

These rules are the culmination of eighteen months of work by the 
Interagency Advisory Committee appointed by the Board pursuant 
to Section 253.28 F. S. and comply with the requirements of 
Section 258.30 F. S. governing rules and regulations for the 
administration of the state wilderness system and wilderness areas 
created as part of the system. The subject is proposed as a 
separate chapter of that portion of the Florida Administrative 
Code which deals with the rules of the Board of Trustees of the 
Internal Improvement Trust Fund and is to be designated as Chapter 
18-6. 

The rules are presented in the form indicated in Exhibit A attached 
hereto, copies of which have previously been distributed to the 
Board, and when adopted either in their present form or with amend- 
ments they will be prepared in accordance with the requirements of 
the office of the Secretary of State in the administration of 
the admins trative code. 

No public hearings have been held in connection with the rules 
inasmuch as no private rights are affected thereby. Under the 
Florida Administrative Procedure Act (Chapter 120) a rule may be 
adopted with or without hearing. If it is adopted without a 
hearing it must be on file in the office of the Secretary of 
State for a period of ninety days before taking effect, unless 
it is an emergency. 

Staff recommends adoption of the rules without public hearing 
and on a non-emergency basis . 

ACTION OF THE TRUSTEES : 

In recognizing the agencies that participated with the Trustees 
in developing the rules, Mr. Kuperberg particularly noted that 
Mr. Larry Hodges of the Bureau of Planning and Grants and 
Mr. Louis Burney of Coastal Coordinating Council, Department 
of Natural Resources, were instrumental in drafting the wilder- 
ness guidelines. 

During the ninety-day period the Trustees ' staff would circularize 
interested parties as to the impact of these rules. 

On motion by Mr. Stone, seconded by Mr. O'Malley and passed 
without objection, the rules were adopted to implement the state 
wilderness system act as recommended by the staff. 



March 7, 1973 



311 



LEON COUNTY - Conveyance for Urban Renewal Program 
(November 28, 1972) 

APPLICANT: City of Tallahassee 

REQUEST- To purchase a small parcel of state-owned land 

located within an area being acquired by the City 
of Tallahassee in an Urban Renewal Program. 

LOCATION: West six (6) feet of Lot 42 in the South Half of 
the County Quarter Addition to the City of Talla- 
hassee, being an unimproved parcel 6 feet by 80 
feet owned by the State of Florida under Chapter 
18296, Acts of 1937 (Murphy Act), under Tax Certi- 
ficate No. 366 dated September 6, 1926. 

This land is outside and west of the Capitol Center Planning 
District. 

The City of Tallahassee's offer of $1,212.50 for this parcel 
of land has been reviewed and approved as fair market value by 
staff appraiser. 

Recommend conveyance to the City of Ta llahassee for the sum of 
$1,212.50 . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Christian, seconded by Mr. Stone and passed 
without objection, the Trustees approved conveyance of the 
parcel of land to the City of Tallahassee as recommended. 



-4- 

PALM BEACH COUNTY - Water Main Easement 
(February 15, 1972) 

APPLICANT: City of Boca Raton 

REQUEST: Easement for relocation of a water main and sewer 
lines to serve Florida Atlantic University. 

LOCATION: A strip of land 20 feet wide by 275 feet in SE^s of 

SE^a of Section 13, Township 47 South, Range 42 East, 
Palm Beach County. 

The Board of Regents has reviewed and approved issuance of the 
easement. 

Recommend issuance of the easement to the City of Boca Raton 
for water and sanitary sewer facilities use only . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Christian, seconded by Mr. Stone and passed 
without objection, the Trustees granted the easement for water 
and sanitary sewer facilities only. 



-5- 

PALM BEACH COUNTY - State Road Right of Way Easement 
(November 16, 1972) 

APPLICANT: Department of Transportation 

REQUEST: Easement for additional right of way to improve 

State Road No. 15 to a four- lane divided highway. 

LOCATION: 2.81 acres in W^ of Section 29, Ylh of Section 20 
and Eh of Section 19, Township 43 South, Range 37 
East, Palm Beach County, being a part of Glades 
Correctional Institution land. 



March 7, 1973 



312 



The Department of Health and Rehabilitative Services has reviewed 
and approved issuance of the easement requested subject to certain 
stipulations with respect to relocation of fences, structures, 
trees and plants and installation of a blinking caution light with 
separate turning lanes at the entrance to the institution. The 
Department of Transportation has agreed to these certain stipu- 
lations. 

Recommend issuance of the easement for public road purposes only . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Christian, seconded by Mr. Stone and passed 
without objection, the Trustees granted the easement for public 
road purposes only. 



-6- 



BREVARD COUNTY 



Dredge Permit No. 05-31-0492 
(February 23, 1973) (Revised) 



APPLICANT: Rodney Thompson 

Post Office Box 1476, Titusville, Florida 32780 

PROJECT: To complete boatyard construction started under 
expired permit No. 253.123-460. The applicant 
wishes to change the configuration of the boat 
basin by dredging three boat slips. All spoil will 
be deposited on uplands. A riprap breakwater will 
be constructed. 



LOCATION: 



MATERIAL : 



PAYMENT : 



Sections 33 and 34, Township 21 South, Range 35 
East, Indian River, Brevard County. 

75,000 cubic yards authorized to be removed under 
the expired permit. Most of the dredging has been 
completed. 

Not applicable; state-owned submerged land not involved. 



STAFF 
REMARKS : 



Field Operations has no objection to the revised 
application. 



ECOLOGICAL 

RESPONSES: Department of Natural Resources - This department 
has no objection to the proposed project. 

Game and Fresh Water Fish Commission - This 
department has no objection to the proposed project. 

Department of Pollution Control - This department 
has no objection to the proposed project. 

Staff recommends issuance of Permit No. 05-31-0492 provided the 
proposed breakwater will be of riprap construction . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Christian, seconded by Mr. Stone and passed 
without objection, the Trustees authorized issuance of the 
permit subject to the provision for use of riprap. 



-7- 



COLLIER COUNTY - Construction and Dredge Permit No. 11-24-0278 
(November 27, 1972) 



APPLICANT : 



PROJECT : 



Wiggins Pass Marina, 

c/o David Nichols 

Route 2, Box 1612, Naples, Florida 33940 

To construct a boat hoist slip and excavate approxi- 
mately 25 cubic yards of material to provide access 
to the slip. 



March 7, 1973 



LOCATION : 
MATERIAL: 

PAYMENT : 

STAFF 
REMARKS : 



313 



Section 17, Township 48 South, Range 25 East, Wiggins 
Pass, Collier County. 

25 cubic yards of material to be placed behind the 

existing bulkhead. 

Not applicable. State-owned submerged land not involved, 

Field Operations Division recommends approval of the 
proposed project. 



SoNSES^ Department of Natural Resoruces - The proposed project 
RESPONSES. Depar^ ^ ^^ significant adverse effects on marine 

life. 

Game and Fresh Water Fish Commission - This department 

has no objection to the proposed project. 

Department of Pollution Control - This department has 
no objection to the proposed project. 

Staff recommends issuance of Cons truction and Dredge Permit 
No. 11-24-0278 . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Christian, seconded by Mr. Stone and passed 
without objection, the permit was approved. 



-8- 

GULF COUNTY - Dredge and Construction Permit 23-39-0352 
(January 2, 1973) 

APPLICANT: Dead Lakes Water Management District 
Wewahitchka, Florida 

PROJECT: To construct a water level control structure at 
PROJELi. ^ kes Dam 7>00Q cub . c yards Qf mat erial 



LOCATION : 
MATERIAL ; 
PAYMENT : 



Dead Lakes 

to be removed . 

Section 19, Township 4 South, Range 9 West, 
Dead Lakes Dam, Gulf County. 

Approximately 7,000 cubic yards of material to be 
dredged and deposited on upland. 

Request waiver of fees and payment for spoil. The 
spoil material will be used by the District or the 
Board of County Commissioners. 



STAFF 
REMARKS : 



Field Operations Division has no objection to the 
project. This project is jointly sponsored by the 
Department of Natural Resources and the Florida Game 



ECOLOGICAL 
RESPONSES: 



and Fresh Water Fish Commission. 

Department of Natural Resources - Deferred to Game 
and Fresh Water Fish Commission. 

Game and Fresh Water Fish Commission - This department 
has no objection to the proposed project. 

Department of Pollution Control - This agency has 
no adverse comments on the proposed project . 

Department of Transportation has no adver ^ comments 
concerning the project. It is requested that Mr. E. W. 
Lee ""strict Engineer, Chip ley, Florida, be advised 
by the sponsoring agency prior to commencement of 
construction . 

Staff recommends issuance of Permit No. 23-39-0352 without fee 
or charge for material^ 

March 7, 1973 



OTHERS: 



314 



ACTION OF THE TRUSTEES: 



On motion by Mr. Christian, seconded by Mr. Stone and passed 
without objection, the Trustees approved issuance of the permit 
without fee or charge for the material. 



-9- 

HILLSBOROUGH COUNTY - Construction, Dredge and Fill Permit 
No. 20-31-0154 
(September 1, 1972) 

APPLICANT: Tampa-Hillsborough County Expressway Authority 
Post Office Box 23646, Tampa, Florida 33622 



PROJECT : 



LOCATION: 



MATERIAL ; 



PAYMENT : 



STAFF 
REMARKS : 



To construct bridges and dredge approximately 624 
cubic yards of material from the Hillsborough River 
to place 8 piers in the river between Piatt Street 
and Brorein Street Bridges. 

Section 24, Township 29 South, Range 18 East, 
Hillsborough River, Hillsborough County. 

Approximately 624 cubic yards of material will be 
used in construction of the expressway. 

Not applicable. State-owned lands not involved. 
Field Operations has no objection. 



ECOLOGICAL 

RESPONSES: Department of Natural Resources - The installation 
of pilings for the proposed bridge should have only 
limited and temporary adverse effects on marine life. 

Game and Fresh Water Fish Commission - This department 
has no objection to the project. 

Department of Pollution Control - This department 
has no objection to the project. 



OTHERS ; 



The Tampa Port Authority approved the permit on 
August 14, 1972. 



Staff recommends issuance of Construction, Dredge and Fill 
Permit No. 29-31-0154 . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Christian, seconded by Mr. Stone and passed 
without objection, the permit was approved. 



-10- 

LIBERTY COUNTY - Dredge Permit No. 253.123-1198 
(June 26, 1972) 

APPLICANT: International Paper Company 
c/o Benton Associates, Inc. 
512 East 15th Street, Panama City, Florida 32401 

PROJECT: To dredge a channel connecting Bills Arm to Florida 
River. 

LOCATION: Sections 3 and 10, Township 4 South, Range 9 West, 
Liberty County. 

MATERIAL: Spoil sites will be on the upland adjacent to each 
side of the proposed cut. 

PAYMENT: Not applicable; state-owned submerged land not involved. 



March 7, 1973 



315 



STAFF 

REMARKS: Field Operations Division recommends issuance of the 
dredge permit only if proper turbidity controls are 
maintained and the spoil area is adequately diked on 
uplands above the flood plain of the river. 

ECOLOGICAL 

RESPONSES: Department of Natural Resources - The dredging and 

filling of river swamp would directly eliminate 

productive fish and wildlife habitat. 

Game and Fresh Water Fish Commission - If the applicant 
agrees to fill the proposed channel immediately after 
logging operations are completed, only limited biologi- 
cal disruption will occur. 

Department of Pollution Control - This department has 
no objection to the proposed project. 

NOTE: The applicant is willing to agree to refill the channel 
within two years after completion of the cut. If the 
channel cannot be dredged, roads must be constructed 
through the river swamp to allow removal of timber. 

Staff recommends issuance of Permit No. 253.123-1198 provided 
turbidity controls are utilized during construction and the 
channel is filled in within two years after completion of the cut . 

ACTION OF THE TRUSTEES: 

Mr. Kuperberg explained that of the two possibile access routes, 
a road would be much more destructive than dredging to float out 
the logs. 

Governor Askew expressed the opinion that the applicant had the 
right to cut the timber and noted the agencies recommended channel 
work in preference to road construction, and the cut would be 
filled up after the work was completed. 

Motion was made by Mr. Chrisitan, seconded by Mr. Stone and 
passed without objection, to approve issuance of the dredge 
permit subject to the provisions recommended by the staff. 



ST. JOHNS COUNTY 



-11- 

Dredge Permit No. 55-21-0095 
(November 7, 1972) (Revised) 



APPLICANT: Dr. J. Brooks Brown 

c/o Harbor Engineering Company 
1615 Huffingham Lane 
Jacksonville, Florida 32216 

PROJECT: To dredge an existing canal to a depth of -5 feet. 

LOCATION: Section 37, Township 9 South, Range 31 East, and 
Section 49, Township 9 South, Range 3 East, 
Matanzas River, St. Johns County. 

MATERIAL: Approximately 500 cubic yards of material to be 
dredged from state lands, 4,445 cubic yards from 
private lands to be placed entirely on uplands in 
an existing canal and on an existing spoil area 
adjacent to the proposed dredging. 

PAYMENT: $250 received as payment for material at standard 
rates. 



STAFF 
REMARKS : 



Field Operations Division has no objections, but 
recommends that the spoil area be diked to prevent 
runoff into the adjacent marsh. 



March 7, 1973 



316 



ECOLOGICAL 

RESPONSES: Department of Natural Resources - The proposed 

project should have limited adverse effects on 

marine resources. 

Game and Fresh Water Fish Commission - This depart- 
ment has no objections to the proposed project. 

Department of Pollution Control - This department 
has no objections. 

Staff recommends issuance of Permit No. 55-21-0095 provided the 
spoil area is adequately diked to prevent siltation of adjacent 
marsh . 

ACTION OF THE TRUSTEES : 

On motion by Mr. Christian, seconded by Mr. Stone and passed 
without objection, the Trustees approved the dredge permit 
subject to the diking recommended by the staff. 



-12- 

At the request of the applicant, the Board deferred a hearing 
initially requested by Mr. Adrian Bacon, representing Hernando 
Beach, Incorporated, who had proposed to discuss settlement of a 
Pasco County project involving submerged lands that in the opinion 
of the staff had been previously filled without authority. 



LEVY COUNTY - 



-13- 

Artificial Reef Permit 38-32-365 
(January 5, 1973) 



APPLICANT: Gainesville Offshore Fishing Club 
c/o David S . Anthony 
1503 Northwest 12th Road, Gainesville, Florida 32601 

PROJECT: To construct an artificial fishing reef in the 
Gulf of Mexico. 

LOCATION: Latitude 29 degrees 4 minutes 04 seconds North, 
Longitude 83 degrees 10 minutes 00 seconds West, 
535 miles we st- southwest of Seashore Key, Levy County. 

MATERIAL: 300 to 400 stacks of 3 automobile tires weighted 
with concrete. 

PAYMENT: Not applicable. 



STAFF 
REMARKS: 



ECOLOGICAL 
RESPONSES: 



Field Operations recommends issuance of the Reef 
Contruction Permit. 

Department of Natural Resources - The proposed 
artificial reef should provide useful habitat for 
marine life and could enhance marine productivity 
in the area. 

Game and Fresh Water Fish Commission does not object 
to issuance of this permit. 

Department of Pollution Control does not object 
to the subject project. 

Staff recommends issuance of Permit No. 38-32-365 . 

ACTION OF THE TRUSTEES : 

On motion by Mr. Christian, seconded by Mr. Stone and passed without 
objection, the Board approved issuance of the artificial reef permit. 



March 7, 19 7 3 



317 



-14- 



VOLUSIA, MARION, PUTNAM, LAKE COUNTIES - Artificial Reef 

Permit No. 6 4,42, 
35, 54-32-0329. 
(December 18, 1972) 

APPLICANT: Florida Game and Fresh Water Fish Commission 
Central Region Office 
1239 Southwest 10th Street, Ocala, Florida 32670 

PROJECT: To construct and install in public lakes artificial 
fishing reefs of tires, brush piles or concrete 
blocks. 

LOCATION: Section 28, Township 15 South, Range 30 East, 

Lake Dias , Volusia County; Section 34, Township 

16 South, Range 23 East, Smith Lake, Marion County; 

Section 24, Township 22 South, Range 25 East, 

Lake Minneola, Lake County; Section 24, Township 

8 South, Range 24 East, Georges Lake, Putnam County; 

Section 30, Township 15 South, Range 27 East, 

Wildcat Lake, Lake County. 



STAFF 
REMARKS: 



Field Operations has no objection. 



ECOLOGICAL 

RESPONSES: Department of Natural Resources - Deferred to 
Game and Fresh Water Fish Commission. 



Game and Fresh Water Fish Commission 
department has no objection. 



This 



Department of Pollution Control - This department 
has no objection to the proposed project. 

Staff recommends issuance of Permit No. 64, 42, 35, 54-32-0329 . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Christian, seconded by Mr. Stone and passed 
without objection, the Trustees approved issuance of artifi- 
cial reef permit for the fishing reefs as described. 



-15- 



MANATEE COUNTY 



Construction Permit No. 41-38-0349 
(December 29, 1972) 



APPLICANT : Manatee County Park Department 
421 - 17th Avenue West 
Bradenton, Florida 03505 

PROJECT: To construct a boat ramp 15 feet x 48 feet. 

LOCATION: Section 17, Township 34 South, Range 18 East, 
Noble Park Canal, Manatee County. 

MATERIAL: Required 100 cubic yards backfill will be hauled in. 



STAFF 
REMARKS: 



Field Operations Division recommends approval of 
this project. 



ECOLOGICAL 
RESPONSES: 



Department of Natural Resources - Although the proposed 
boat ramp project requires some very minor dredging, 
the project is located on an artificial waterway and 
should not have significant adverse effects on marine 
biological resources. 

Game and Fresh Water Fish Commission - This department 
has no objection to the proposed project. 



March 7, 1973 



318 



Department of Pollution Control - This department has 
no objection to the project. 

Staff recommends issuance of CP No. 41-38-0349 and waiver of fees , 

ACTION OF THE TRUSTEES : 

On motion by Mr. Christian, seconded by Mr. Stone and passed 
without objection, the Trustees approved waiver of fees and 
issuance of the construction permit. 



-16- 

PALM BEACH COUNTY - Marina License and Construction Permit 
No. 50-30-0344 
(December 29, 1972) 

APPLICANT: William Gundlach 

c/o McLaughlin Engineering Company 
400 Northeast Third Avenue 
Fort Lauderdale, Florida 33301 



PROJECT : 

LOCATION: 

MATERIAL: 
PAYMENT : 



To construct a 5 ' marginal wood dock to be used as 
a marina in conjunction with an existing 10' wood 
dock covering approximately 10,182 square feet. 

Section 16, Township 47 South, Range 43 East, 
Lake Wyman , Palm Beach County. 

Not applicable. 

$202.70 received. 



STAFF 
REMARKS : 



Field Operations Division has no objection to this 
proposed project. 



ECOLOGICAL 

RESPONSES: Department of Natural Resources - Construction of the 
proposed dock should not have significant adverse 
effects on marine biological resources. 

Game and Fresh Water Fish Commission - This agency 
offers no objection to this proposed project. 

Department of Pollution Control - This department has 
no objection to the proposed project. 

OTHERS: Florida Inland Navigation District - The proposed 

work is entirely outside of the right-of-way of the 
Intracoastal Waterway and Florida Inland Navigation 
District has no objection to issuance of the appro- 
priate permits by the state and federal governments. 

Staff recommends issuance of Marina License and Construction 
Permit No. 50-30-0344 . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Christian, seconded by Mr. Stone and passed 
without objection, the Trustees approved issuance of the marina 
license and construction permit. 



ESCAMBIA COUNTY 



-17- 

Marina License Renewal Permit ML-5i 
(January 24, 1973) 



APPLICANT: Gulf Power Company 

Post Office Box 1151, Pensacola, Florida 32502 



PROJECT : 



To renew ML-5 8 for one year, 



March 7, 1973 



LOCATION: 

MATERIAL : 

PAYMENT : 

STAFF 
REMARKS : 



319 

Section 25, Township 1 North, Range 30 West, 
Governor's Bayou, Escambia County. 

Not applicable. 

$250 annual fee received. 



Field Operations Division found the marina 
constructed according to specifications and 
recommends renewal of ML-5 8. 



ECOLOGICAL 

RESPONSES: Not applicable. 

Staff recommends renewal of ML-58 for one year at fee indicated . 

ACTION OF THE TRUSTEES : 

On motion by Mr. Christian, seconded by Mr. Stone and passed 
without objection, the Trustees approved one-year renewal of 
the marina license. 



PALM BEACH COUNTY 



Transfer of Marina License No. ML-4 
(March 1, 1973) 



APPLICANT: Louis R. Perini , Jr. 

c/o Robert F. Cromwell 
Post Office Box 9996 
Riviera Beach, Florida 33404 

PROJECT: To transfer title of ML-4 from William F. Bachstet to 
Louis R. Perini, Jr. 

LOCATION: Section 27, Township 42 South, Range 43 East, 
Palm Beach Shores, Palm Beach County. 

MATERIAL: Not applicable. 

PAYMENT: Not applicable. 

ECOLOGICAL RESPONSES: Not applicable. 

Staff recommends transfer of ML-4 from William Bashstet to 
Louis R. Perini, Jr. 

ACTION OF THE TRUSTEES: 

On motion by Mr. Christian, seconded by Mr. Stone and passed 
without objection, the Trustees approved transfer of ML-4 as 
requested. 



-19- 

DADE COUNTY - Sand Lease No. 2 4 39 
(February 6, 1973) 

APPLICANT: Des Rocher Sand Company 
c/o James L. Titzel 
728 Eastwind Drive 
North Palm Beach, Florida 33403 

PROJECT: Three-year renewal of Commercial Sand Lease No. 2439 
covering two areas 3,500 feet southeasterly of Cape 
Florida in the Atlantic Ocean. The lease expires 
March 16, 1973. 

LOCATION: Easterly and Southeasterly of the Old Lighthouse Tower 
on Cape Florida. 

Staff recommends 60-day extension so that comments from the various 
agencies can be obtained and also an appraisal for the purpose 
of estimating an equitable royalty rate . 

March 7, 1973 



320 



ACTION OF THE TRUSTEES : 



Mr. Kuperberg stated that the staff was handling the request for 
extension of the sand lease as a dredge application and was 
requesting the extension because it had not yet received comments 
from all the agencies. 

On motion by Mr. Stone, seconded by Mr. O'Malley and passed 
without objection, the Trustees approved 6 0-day extension of 
the existing lease pending receipt of agency comments and an 
appraisal for the purpose of estimating an equitable royalty 
rate. 



-20- 

REQUEST FOR EXTENSION OF 120-DAY PROCESSING PERIOD 

Processing of the following applications has not been completed 
for the reason noted in each case: 



FILE AND 
COUNTY 



APPLICANT 



REASON 



44-31-0212 
Monroe 



Key Haven Associated 
Enterprises 



This project is under 
the DPC moratorium in 
Monroe County. The DNR 
has requested a hydro- 
graphic survey for the 
project. 



65-20-0217 
Wakulla 



Mobile Home Industries 
Incorporated 



Hydrographic survey 
required by DNR and 
comments not received 
from DPC. 



46-13-0221 
Okaloosa 



Col. D. V. Thompson 



Comments not yet 
received from DPC. 



Staff recommends 60-day extension of the processing period 
for these applications . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Stone, seconded by Mr. O'Malley and passed 
without objection, the 6 0-day extension was approved. 



-21- 

PRINTING VOLUME 3 8 MINUTES OF THE TRUSTEES 

Request authority to invite bids for printing and binding 
150 copies of Volume 38 of the minutes of the Trustees, the 
reproduction to be by photo-lithographic process, uniform with 
the preceding volume. Printing shall be in accordance with 
provisions of Regulation No. 13A-3.02, Class B Printing Laws 
and Regulations. Funds are available within the approved 
operating budget. 

ACTION OF THE TRUSTEES: 

On motion by Mr. Stone, seconded by Mr. O'Malley and passed 
without objection, the Trustees authorized bids to be taken 
for printing and binding the next volume of the minutes. 



On motion duly adopted, the meeting was adj 




ATTEST : 




CHAIRMAN 



March 7, 1973 



321 



Tallahassee, Florida 
March 20, 1973 



The Board of Trustees of the Internal Improvement Trust Fund 
met on this date in the Haydon Burns Auditorium with the 
following members present: 



Reubin O'D. Askew 
Richard (Dick) Stone 
Robert L. Shevin 
Thomas D. O'Malley 
Floyd T. Christian 
Doyle Conner 



Governor 

Secretary of State 

Attorney General 

Treasurer 

Commissioner of Education 

Commissioner of Agriculture 



Joel Kuperberg 



Executive Director 



-1- 



Without objection, the minutes of the meeting on February 20, 
197 3, were approved as submitted. 



BREVARD COUNTY 



STAFF 
REMARKS: 



Dredge and Fill Permit Nos . 253.123-543 
and 253.124-124 
(March 5, 1973) 



APPLICANT: Oakland Consolidated Corp. 
c/o J. Lewis Hall, Jr. 
Post Office Drawer 840, Tallahassee, Florida 

PROJECT: To extend the permit issued by the Board of Trustees 
on March 17, 1970. 

LOCATION: Government Lot 6, Section 31, Township 2 4 South, 
Range 37 East, Newfound Harbor, Brevard County. 

MATERIAL: All dredging except navigation access channel to be 
done on applicant-owned submerged land. 



ECOLOGICAL 
RESPONSES: 



Field Operations - recommends new surveys be requested 
from the owner showing precise topographic information 
and the work that has been done to date; that vertical 
seawalls be transformed into riprap retaining revet- 
ments; that dead-end canals not be permitted and all 
construction be confined to the upland area as closely 
as possible. 



Department of Natural Resources - To best conserve 
marine biological resources, the proposed development 
should be limited to that area within the existing 
dikes and the shoreline mangroves. The shallow bottoms 
should be conserved. 



To conserve bottom habitat, the proposed channel should 
be limited to less than 1,000 feet. This length would 
enable access to water 4 feet deep which should be 
sufficient since no central navigation channels exist 
in Newfound Harbor and water deeper than 4 feet is 
limited. 

Water quality problems might reasonably be anticipated 
in at least the two longer canals in this revised 
project. 

Game and Fresh Water Fish Commission - The applicant 
has reduced the scope of his project. However, there 
will still be extensive significant damage to the 
estuarine ecosystem. Our comments of April 19, 1971, 
pertaining to SAJSP 6 8-105, which your agency trans- 



March 20, 1973 



322 



mitted to the Corps of Engineers, recommended that 
no filling be allowed below the mean high water line 
and that dredging be restricted to a minimum-sized 
navigation channel. The applicant has not responded 
to these recommendations and due to the biological 
damages involved in this amended permit application, 
we maintain our original objections to the issuance 
of the permit. 

Department of Pollution Control - As this project is 
a revision to a project previously approved by the 
Trustees and the Corps of Engineers, we normally do 
not comment. However, in response to your request 
the following comments are submitted: 

1. If the project was a new one we would 
recommend that the applicant confine his 
development (fill) to above the mean high 
water line. 

2. All dredging be held to a minus 5 feet mean 
low water and confined to those areas not 
critical . 

3. Precautions be taken to control turbidity. 

NOTE: The Board of Trustees in meeting on March 17, 1970, 
authorized issuance of Permits 253.123-543 and 
253.124-124 in accordance with settlement of pending 
litigation recommended by Trustees' General Counsel 
and the Assistant Attorney General. 

The above environmental comments were obtained for 
a 1972 proposed modification of the existing permits. 

The applicant is still in negotiation to obtain a 
corps of Engineers permit and requests 6-month 
extension of the state permits. 

Staff recommends extension of existing Permit 253.123-543 and 
253.124-124 for 6 months , during which time the applicant is to 
complete negotiations to satisfy federal requirements and resubmit 
permit modifications for Trustees' approval . 

ACTION OF THE TRUSTEES: 

Attorney General Shevin stated that during the six months ' 
extension, no work would be done pending redesign of the 
project. The Director asked that the staff recommendation 
be amended to include that provision, which was the intent 
of the staff. 

On motion by Mr. O'Malley, seconded by Mr. Stone and passed 
without objection. Trustees approved the staff recommendation 
as amended to allow no work done during the extension time 
pending redesign of the project. 



ESCAMBIA COUNTY - Dredge Permit 17-21-0140 
(September 1, 1972) 

APPLICANT: Spanish Village Cove, Inc. 
c/o G. Thomas Smith 
Post Office Box 12091 
Pensacola, Florida 32502 

PROJECT: To perform maintenance dredging to remove organic 
sediment material within the upland canal system 
recently excavated (permit issued July 26, 1971) 

LOCATION: Santa Rosa Sound, Township 3 South, Range 30 West, 
Escambia County. 

MATERIAL: Approximately 3,200 cubic yards of sediment is to 
be removed and placed behind earthen dikes. 



March 20, 1973 



323 

PAYMENT: Not applicable. State-owned sovereignty land not 
involved. 

STAFF REMARKS: Field Operations Division has no objection 
to the project. 

ECOLOGICAL 

RESPONSES: Department of Natural Resources - Although the 
productive offshore bottoms in Santa Rosa Sound 
have not been significantly damaged by the existing 
work, the continual need to maintenance-dredge the 
channel through seagrass beds and the continual 
degradation of water quality in the dead-end canal 
system will slowly but eventually severely damage 
the offshore marine habitat and have deleterious 
effects on marine biological resources in Santa Rosa 
Sound and the aquatic preserve. 

Game and Fresh Water Fish Commission - This agency 
concurs with the recommendation of the Department of 
Pollution Control, but future problems can be expected 
from this system. To best protect the natural 
resources of the area, similar canal systems should 
not be permitted connection with Santa Rosa Sound. 

Department of Polluton Control - This application 
is the result of recent enforcement action by this 
department. The applicant has been directed to remove 
the organic sediment from the canal. 

Staff recommends issuance of Permit 17-21-0140 . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Christian, seconded by Mr. Stone and passed 
without objection, the Trustees authorized issuance of the 
permit. 



FRANKLIN COUNTY - Dredge Permit 253.123-1000 

Consideration of the application of Harry Morrison to dredge 
an access channel in Alligator Harbor in Section 6, Township 7 
South, Range 1 West, Franklin County, was deferred at the request 
of William J. Roberts, applicant's agent, to afford Mr. Morrison 
an opportunity to modify the proposal in accordance with sugges- 
tions obtained at the conference with representatives of the 
environmental agencies. 

-5- 

FRANKLIN COUNTY - Dredge Permit 253.123-1163 

Consideration of the application of Harry Morrison to dredge 
a channel along the south side of Mud Cove Creek in Sections 
5 and 6, Township 7 South, Range 1 West, Franklin County, was 
deferred at the request of his attorney, William J. Roberts, 
to allow the applicant opportunity to modify the proposal in 
accordance with suggestions obtained at a conference with 
representatives of the environmental agencies. 



TRUSTEES ' POLICY 

The executive Director stated that at the Senate Natural Resources 
Committee meeting this morning, one of the points raised was 
that often when an application is filed with the Trustees it 
is deferred and there is no action. It was recommended that 
there should be action within a given period of time. Mr. 
Kuperberg advised the Board that it had been policy to comply with 
the request of an applicant when he wished action deferred, but 
now that was being construed as unnecessary delay. 



March 20, 1973 



324 



Mr. Kuperberg recommended that in the future a staff recommen- 
dation for denial be allowed to stand, as a denial would be 
without prejudice. 

Mr. O'Malley indicated that there would be no objection so long 
as such a denial would be without prejudice in terms of times 
of refiling. He pointed out that a number of the requests for 
deferral are for the convenience of the applicants. The 
Governor added that it had saved the applicants another filing 
fee, and at times the Board had taken action when the applicant 
unduly tried to defer action. 

On motion by Mr. O'Malley, seconded by Mr. Stone and passed 
without objection, the Trustees adopted the policy that a 
staff denial recommendation would stand, the denial being 
without prejudice. 



-6- 

HERNANDO COUNTY - Dredge and Fill Permit 27-31-0208 
(March 2, 1973) 

APPLICANT: A. L. Shirley 

Route 6, Box 866A, Brooksville, Florida 33512 

PROJECT: To construct a boat slip and seawall. The seawall 
will be of riprap construction. 

LOCATION: Section 32, Township 22 South, Range 17 East, 

Weekiwachee River and Mullet Creek, Hernando County. 

MATERIAL: Approximately 3 cubic yards of material to be removed. 

PAYMENT: $1.50 received as payment for material at standard rates, 



STAFF 
REMARKS: 



Field Operations Division has no objection, 



ECOLOGICAL 

RESPONSES: Department of Natural Resources - This department 
has no objection to the project. 

Game and Fresh Water Fish Commission - This agency 
has no objection to the proposed project. 

Department of Pollution Control - This department 
has no objection to the proposed project. 

Staff recommends issuance of Permit 27-31-0208 . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Stone, seconded by Mr. 0' Malley and passed 
without objection, the Trustees authorized issuance of the 
permit. 



-7- 

LEE COUNTY - Dredge Permit 253.123-1018 

At the request of the Executive Director, the application 
of Charles C. Bundschu, Jr. , to modify a permit approved by 
the Trustees on November 29, 1972, in Section 30, Township 
43 South, Range 22 East, Pine Island, Lee County, was with- 
drawn from the agenda because the Trustees' field office was 
reviewing some problems. 



-8- 

MARTIN COUNTY - Dredge and Construction Permit 43-25-0508 (ML-61) 
(July 6, 1971) 



March 20, 1973 



325 



APPLICANT: 



PROJECT : 



LOCATION; 



MATERIAL: 



PAYMENT : 



Woodland Shores Apartments 

c/o Greenlees, Montgomery and Associates, Inc. 

Post Office Box 92, Stuart, Florida 33494 

To excavate an existing boat basin to -5 feet mean 
low water, remove deteriorated docks and construct 
new docks. 

Section 27, Township 37 South, Range 41 East, 
Warner Creek, Martin County. 

1,000 cubic yards of material to be removed and 
deposited on upland 



Not applicable, 
involved. 



State-owned submerged land not 



STAFF 
REMARKS : 



Field Operations Division has no objection to 
the project provided all spoil is placed behind 
adequately diked upland spoil areas. 



ECOLOGICAL 
RESPONSES: 



OTHERS : 



NOTE: 



Department of Natural Resources - The north marina 
site was constructed years ago and is now filled with 
silt; the bottom has no attached vegetation. The 
dredging of the basin should have no significant 
adverse effects on marine biological resources pro- 
vided that spread of silt is confined. 

Game and Fresh Water Fish Commission - We have no 
objection to the proposed dock and dredging operation 
if all spoil material is placed above the line of 
mean high water. 

Department of Pollution Control - The department has 
no objection to the proposed project. 

Martin County Board of County Commissioners has no 
objection. 

This application originally included 2 marina sites. 
A larger site received biological objections and 
has been deleted. 



Staff recommends issuance of dredge and construction Permit 
43-25-0508 subject to the use of turbidity control devices 
during construction . 

ACTION OF THE TRUSTEES: 

The applicant had requested that the dredging portion be 
deleted from the application. Mr. Kuperberg said the work 
will consist only of removal of deteriorated docks and 
construction of new docks. 

On motion by Mr. Stone, seconded by Mr. O'Malley, passed 
without objection, the Trustees approved issuance of a 
construction permit for work involving no dredging. 



-9- 

OKALOOSA COUNTY - Construction Permit ML-98 
(January 29, 1973) 



APPLICANT: 

PROJECT : 

LOCATION: 

MATERIAL : 
PAYMENT : 



Marlborough, Inc. 

Post Office Box 1427, LaGrange , Georgia 30240 

To construct a 20' x 40' bait shop at an existing 
marina. 

Township 2 South, Range 23 West, East Pass Lagoon, 
Okaloosa County. 

Not applicable. 

$100 for construction permit. 



March 20, 1973 



STAFF 
REMARKS : 



ECOLOGICAL 
RESPONSES: 



326 



Field Operations Division has no objection to the 
project . 



Department of Natural Resources - Construction of the 
proposed docks and other facilities should not have 
detrimental effects on marine biological resources. 



Game and Fresh Water Fish Commission 
the Department of Natural Resources. 



Deferred to 



Department of Pollution Control - This department 
has no objection to the proposed project. 

Staff recommends issuance of Construction Permit ML-9 8 . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Stone, seconded by Mr. Christian and Mr. Conner, 
passed without objection, the Trustees approved issuance of 
the construction permit. 



-10- 

PINELLAS COUNTY - Fill Permit 52-12-0180 
(September 28, 1972) 



APPLICANT : 



PROJECT : 



LOCATION : 



MATERIAL : 



PAYMENT : 



STAFF 
REMARKS : 



ECOLOGICAL 
RESPONSES: 



OTHERS ; 



Harold R. Carlson, et ux 

4161 - 40 Street South, St. Petersburg, Florida 33711 

To replace an existing wooden plank seawall with a 
concrete seawall. 

Section 25, Township 31 South, Range 15 East, 
Boca Ciega Bay, Pinellas County. 

Approximately 120 cubic yards of material will be 
trucked in to backfill the proposed seawall. 

Not applicable. 



Field Operations Division recommends approval of 
the seawall permit. 



Department of Natural Resources - If the productive, 
shallow bay bottoms adjacent to the proposed seawall 
are carefully conserved, the proposed fill and seawall 
construction should have only limited adverse effects 
on marine life. 

Game and Fresh Water Fish Commission - This agency 
has no objection to the proposed project. 

Department of Pollution Control - This department 
has no objection to the proposed project. 

Pinellas County Water and Navigation Control Authority 
approved Fill Permit No. FO-283 on September 13, 1972. 



Staff recommends issuance of Permit 52-12-0180 provided care is 
taken during construction to avoid damage to adjacent productive 
habitat . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Stone, seconded by Mr. Christian and Mr. Conner, 
passed without objection, the Trustees approved issuance of a 
permit subject to the provision recommended by the staff. 



March 20, 1973 



DUVAL COUNTY 



327 



-11- 

Telephone Line Easement 
(February 2, 1973) 



REQUEST : 



LOCATION : 



APPLICANT- Southern Bell Telephone and Telegraph Company 
400 West Ashley Street, Jacksonville, Florida 

Easement across Division of Health property for 
relocation of telephone cables presently within 
existing bridge crossing Hogan's Creek that will be 
rebuilt. The telephone cable will be buried under- 
ground across the northwest comer of the state land. 

A portion of the northwest corner of Lot 113 of Block 
120 of the Official Map of the City of Jacksonville, 
recorded in Plat Book 9, Page 28, Duval County public 
records, containing approximately 0.2 acre. 

The Department of Health and Rehabilitative Services has reviewed 
and approved this request. 

Recommend issuance of the easement for underground telephone 
cable purposes only . 

ACTION OF THE TRUSTEES : 

On motion by Mr. Stone, seconded by Mr. Christian and Mr. Conner, 
passed without objection, the Trustees approved issuance of 
an easement for underground telephone cable purposes only. 



-12- 

ORANGE COUNTY - Electric Transmission Line Easement 
(March 9, 1973) 



APPLICANT: Florida Power Corporation 
St. Petersburg, Florida 

REQUEST: An 8-ft. wide easement for overhead electric 

distribution line to serve a relocated equipment 
shop at the Orlando district headquarters of the 
Division of Forestry. 

LOCATION: South 8 feet of that part of Lot 70 lying east of 
U. S. Highway Nos . 17 and 92, south 8 feet of Lot 
71 and south 8 feet of west 134.15 feet of Lot 72, 
all in Block D, Prosper Colony, a subdivision in 
Section 34, Township 23 South, Range 29 East, per 
Plat Book D, Page 10 8, Orange County. 

The Division of Forestry, Department of Agriculture and Consumer 
Services has reviewed and approved issuance of easement. 

Recommend issuance of easement requested for electr ical distribu- 
tion and transmission line purposes only. 



ACTION OF THE TRUSTEES: 

On motion by Mr. Stone, seconded by Mr. Christian and Mr. Conner, 
passed without objection, the Trustees approved issuance of an 
easement for electrical distribution and transmission line 
purposes only. 



-13- 

PALM BEACH COUNTY - Seismic Survey Permit 
(February 22, 1973) 

APPLICANT: Shell Oil Company .,,„.,, 

Post Office Box 1411, Arcadia, Florida 33821 



REQUEST : 



Permission to conduct a seismic survey across 
state-owned land. 



March 20, 1973 



328 

LOCATION: A line running east and west across Sections 10, 

11, 14, 15, 16 and 17, Township 46 South, Range 35 
East, Palm Beach County. 

Sections 15 and 16 are subject to a grazing lease held by Pelican 
Bay Co-op which consents to the proposed survey. 

Central and Southern Florida Flood Control District has no objec- 
tion to the survey and has issued a temporary permit to Shell 
Oil Company for crossing Levee L-2 4. 

The Game and Fresh Water Fish Commission has no objection to 
the survey. 

The Department of Natural Resources, Division of Interior 
Resources, has reviewed and approved the request conditioned 
upon Shell plugging each shot hole with precast concrete plugs. 

Recommend granting Shell Oil Company permission to conduct its 
survey across the six sections of state land subject to the 
conditions set forth above . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Stone, seconded by Mr. Christian and Mr. Conner, 
passed without objection, the Trustees granted permission for 
the seismic survey subject to the conditions as recommended. 



-14- 

ESCAMBIA COUNTY - Oil Lease Bid 

On January 3, 1973, Murphy Oil Corporation submitted the only 
sealed bid for a five-year oil and gas lease covering the state 
land under and surrounding Stone Lake in Section 12 , Township 5 
North, Range 31 West and Section 7, Township 5 North, Range 30 
West, Escambia County, containing 244 surface acres and 234 net 
mineral acres. The amount of the bid was $20,388.42 (bonus of 
$86.13 per net mineral acre). 

Award of the lease was not made due to the request of the Game 
and Fresh Water Fish Commission to review all bids received prior 
to award. In addition, a public hearing was held as required 
by Section 253.52, Florida Statutes. 

No one appeared at the public hearing in opposition to the lease. 
The Game and Fresh Water Fish Commission reviewed the bid at 
its meeting on February 7, 1973, and voted not to accept the 
bid by Murphy Oil Company due to the feeling of the Commission 
that the proximity of the property to the Jay Oil Field warranted 
a higher bonus than that bid. 

In view of the action by the Game and Fresh Water Fish Commission , 
it is recommended that the bid submitted by Murphy Oil Corporation 
be rejected . 

ACTION OF THE TRUSTEES: 

Based on the action by the Game and Fresh Water Fish Commission 
and staff recommendation, the Trustees rejected the bid submitted 
by Murphy Oil Corporation on motion by Mr. Stone, seconded 
by Mr. O'Malley and passed without objection. 



-15- 

HOLMES COUNTY - Advertise for Oil and Gas Lease 
(July 28, 1972) 

APPLICANT: Sonat Exploration Company 

Post Office Box 1513, Houston, Texas 77001 

REQUEST: Advertise an oil and gas drilling lease for bids 



March 20, 1973 



329 



LOCATION: Ponce de Leon State Park consisting of approximately 
370 surface acres and 276.56 net mineral acres, 
lying in Sections 27 and 34, Township 4 North, 
Range 17 West, Holmes County. 



INTEREST 

OF STATE: The Trustees hold title to this tract of land 
which is leased to the Department of Natural 
Resources for park purposes. All proceeds from 
the proposed lease will go to that department. 

The Department of Natural Resources has reviewed this request 
and authorized the Trustees to offer the tract of land for oil 
and gas lease provided that drilling would be prohibited on the 
state land under lease. 

This request has been reviewed by the Director of Interior 
Resources, Department of Natural Resources, who concurs in the 
following recommendation. 

Recommend advertising for sealed bids for a five-year primary 
term oil and gas drilling lease with annual rental of $1 per 
net mineral acre, 1/6 royalty, $50,000 surety bond, at least one 
test well every 2h years, drilled to a depth of 6,000 ft. or to 
a depth sufficient to test Jurassic sediments, whichever is 
deeper, accomplished by pooling as drilling on the leased property 
will be prohibited . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Stone, seconded by Mr. Conner and passed 
without objection, the Trustees authorized the advertisement 
for oil and gas drilling lease with the conditions as recom- 
mended by the staff. 



-16- 

GADSDEN COUNTY - Confirm a Public Sale of Murphy Act Land 
(February 28, 1973) 



LAND 
DESCRIPTION: 



LOCATION; 



One lot 52*5 feet by 150 feet recorded in Book R, 
pages 335 and 336, Section 12, Township 2 North, 
Range 4 West, Gadsden County, Florida. 

This lot fronts the south side of Washington Street 
between Ward and Key Streets , five blocks west of 
the central retail district, within the incorporated 
City of Quincy, Florida. 

APPRAISAL: By staff appraiser, $-3,000 

AUTHORITY FOR SALE: Section 197.350, Florida Statutes 

DATE OF SALE: January 15, 197 3, by Clerk of the Circuit Court 
of Gadsden County, Florida. 



HIGH BIDDER: 



Donald Munroe 



HIGH BID: 



$3,000 



Recommend confirmation of sale of this lot to J. Donald Munroe 
for $3,000 plus costs of advertising and clerk's fees . 

ACTION OF THE TRUSTEES : 

On motion by Mr. Stone, seconded by Mr. Conner and passed 
without objection, the Trustees confirmed the public sale of 
Murphy Act land to J. Donald Munroe for $3,000 plus costs of 
advertising and fees of the Clerk of the Circuit Court of 
Gadsden County under the provisions of Section 197.350, Florida 
Statutes . 



March 20, 1973 



330 



-17- 

SEMINOLE COUNTY - Confirm a Public Sale of Murphy Act Land 
(February 22, 1973) 



LAND 

DESCRIPTION: Lot 443, Longwood, Plat Book 1, Page 19, 

Public Records of Seminole County, Florida 

LOCATION: This lot is in an old section of the City of 

Longwood with homes in the $4,000 to $10,000 range. 
This lot is zoned M-l, light industry. 

APPRAISAL: By staff appraiser, $250. 

AUTHORITY FOR SALE: Section 197.350, Florida Statutes. 

DATE OF SALE: February 21, 1973, by Clerk of the Circuit Court 
of Seminole County, Florida. 

HIGH BIDDER: James R. Carter 

HIGH BID: $250. 

Recommend confirmation of sale of this lot to James R. Carter 
for $250 plus costs of advertising and clerk's fees . 

ACTION OF THE TRUSTEES : 

On motion by Mr. Stone, seconded by Mr. Conner and passed 
without objection, the Trustees confirmed the public sale of 
Murphy Act land to James R. Carter for $250 plus costs of 
advertising and fees of the Clerk of the Circuit Court of 
Seminole County under the provisions of Section 197.350, Florida 
Statutes . 



-18- 

COLLIER COUNTY - Fill Permit No. 11-20-0216 
(December 6, 1972) 



APPLICANT: 



PROJECT : 



LOCATION : 



MATERIAL: 



PAYMENT : 
STAFF 
REMARKS : 



ECOLOGICAL 
RESPONSES: 



NOTE: 



Department of Transportation 
Haydon Burns Building 
Tallahassee, Florida 32304 

To fill submerged land for construction of a road, 
paving and r,;?intenance facilities for Wiggins Pass 
State Road. 

Section 20, Township 48 South, Range 25 East, Wiggins 
Pass, Collier County. 

Approximately 28,672 cubic yards of fill to be trucked 
in from an upland source for road and parking lot 
construction, a portion of this to be placed below the 
mean high water line. 
Not applicable. 

Field Operations Division has no objection to the 
revised application. 



Department of Natural Resources - This department has 
no objection to revised application. 

Game and Fresh Water Fish Commission - In order to 
conserve these valuable submerged lands from destruc- 
tion by filling, we recommend that all filling be 
limited to the uplands along the lower last slope of 
the dune area consisting of the coastal strand 
vegetation. 

Department of Pollution Control - This department has 
no objection to revised application. 

The revised application was approved by the Department 
of Natural Resources, Department of Pollution Control, 



March 20, 1973 



331 



and the Trustees staff subject to minor modifications 
for aesthetic and conservation reasons to be determined 
by an on-site interagency inspection. 

Staff recommends issuance of Permit No. 11-20-0216 as revised . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Stone, seconded by Mr. Conner and passed 
without objection, the Trustees approved issuance of the fill 
permit for the revised application. 



-19- 

BAY COUNTY - Dredge Permit No. 03-21-0343 
(January 4, 1973) 

APPLICANT: Panama City Port Authority 

c/o Mr. E. Harris Mercer, Port Director 

Post Office Box 388, Panama City, Florida 32401 

PROJECT: To construct a seawall and dredge material from an 
area 850 feet long offshore of the Port and north 
of an existing scrap metal operation. 

LOCATION: Section 34, Township 35 South, Range 14 West, 
St. Andrew Bay, Bay County. 

MATERIAL: Approximately 11,100 cubic yards of material. 

PAYMENT: N/A - State-owned submerged |land not. involved. 



STAFF 
REMARKS 



ECOLOGICAL 
RESPONSES: 



Field Operations Division has no objection to the 
proposed project. 

Department of Natural Resources - Dredging this area 
should not have significant adverse effects on marine 
biological resources provided adequate dikes are 
constructed around the upland spoil sites and restraining 
devices are used to control siltation caused by dredging. 
Careful removal of scrap metal and other debris from 
offshore bottoms in the vicinity of the salvage operation 
will not materially affect marine biological resources. 

Game and Fresh Water Fish Commission - This agency has 
no objection to the proposed projects. 

Department of Pollution Control - This department has no 
objection to the proposed project. 

Staff recommends issuance of Dredge Permit No. 03-21-0343 subject 
to the recommendations of the Department of Natural Resources . 

ACTION OF THE TRUSTEES : 

On motion by Mr. Stone, seconded by Mr. Conner and passed without 
objection, the Board approved issuance of the dredge permit 
subject to the recommendations of the Department of Natural 
Resources . 



-20- 

BAY COUNTY - Dredge Permit No. 3-21-02 04 
(October 13, 1972) 

APPLICANT: Dr. Stephen M. Smith 

c/o Benton Associates, Inc. 

512 East 15th Street, Panama City, Florida 32401 

PROJECT: After-the-fact permit to dredge a channel. Approxi- 
mately 3 6 cubic yards to be dredged. 



March 20, 1973 



332 



LOCATION: Section 15, Township 4 South, Range 14 West, Watson 
Bayou , Bay County . 

MATERIAL: Approximately 36 cubic yards of material to be placed 
on upland property. 

PAYMENT: $108 received as payment for material at 3 times the 
standard rate. 



STAFF 
REMARKS: 



Field Operations Division recommends that an after-the- 
fact or settlement permit be issued with a penalty pay- 
ment of 3 times the standard price for material removed 
from sovereignty lands. 



ECOLOGICAL 
RESPONSES: 



Department of Natural Resources - Although an 
insignificant amount of dredging has previously 
occurred in the area, the removal of 36 cubic yards 
of bottom material should not have any significant 
adverse effects on marine biological resources. 



Game and Fresh Water Fish Commission 
has no objection. 



This department 



Department of Pollution Control - This department cannot 
comment favorably on projects that were constructed 
without proper permit and certification. It is recom- 
mended that the request be denied. 

Staff recommends issuance of Permit No. 03-21-0204 . 

ACTION OF THE TRUSTEES: 

The staff recommended that the regular charge be tripled for 
this after-the-fact permit. 

On motion by Mr. Shevin , seconded by Mr. O'Malley and passed 
without objection, the Board authorized issuance of the permit 
and penalty charge for the material at three times the standard 
rate. 



-21- 

MANATEE COUNTY - Dredge Permit No. 41-21-0532 
(September 28, 1971) 

APPLICANT: Manatee County Highway Department 

226 Sixth Avenue East, Bradenton, Florida 33505 



PROJECT : 

LOCATION: 
MATERIAL : 

PAYMENT : 

STAFF 
REMARKS: 



To conduct periodic minor maintenance at 149 
locations in Manatee County. 

Throughout Manatee County. 

Minor accumulations of silt to be removed and placed on 
uplands. 

Not applicable. 



Field Operations Division offers no objection provided: 
(1) All spoil will be placed upon the uplands or trucked 
away to uplands. (2) Good conservation and environ- 
mental practices will be utilized in carrying out the 
intent of this permit. (3) All work will be performed in 
such a manner that turbidities shall not exceed 50 
Jackson Units. (4) Notice as to what areas are to 
be maintained shall be given to the agencies concerned 
at least one week in advance. 



ECOLOGICAL Department of Natural Resources - 

RESPONSES: The project should not have significant adverse effects 
on marine biological resources. Projects involving 
the extensive channelization of natural creeks or 



March 20, 1973 



333 



extensive construction on drainage canals should 
not be included in the general minor maintenance 
permit. 

Game and Fresh Water Fish Commission - Our agency does 
not wish to object to the issuance of this general 
maintenance permit provided our recommendations are 
incorporated, as follows: (1) All spoil be disposed 
of on an upland site. (2) In order to preserve and 
maintain desirable water quality it is recommended 
that vegetation removal within Buckeye Canal (40A) 
and similar drainage systems be limited. (3) Removal 
of obstructions be limited to those which create a 
potential hazard to bridge structures or impede naviga- 
tion (4) The general maintenance permit not include 
any type of work which would in effect expand channeli- 
zation projects. (5) All work be performed in a manner 
so as to restrict turbidities from exceeding 50 Jackson 
Turbidity Units above background. 

Department of Pollution Control - This agency has no 
objection . 

Staff r ecommends issuance of Permit No. 51-21-0532 su bject to the 
stipulat ions of the Game and Fresh Water Fish Commission, 
th^pps 1 Field Operations Division, and the Department o f 
Natural Resources. F urthermore, that no minor mai ntena nce proje ct 
shall involve the rem oval of more than 1 cubic yards of mate_ri al. 

ACTION OF THE TRUSTEES: 

On motion by Mr. Stone, seconded by Mr. O'Malley and Mr. Conner, 
passed without objection, the Trustees authorized issuance of the 
permit subject to the stipulations recommended by the staff and 
the environmental agencies. 



-22- 

SARASOTA COUNTY - Dredge Permit No. 58-21-0120 

(September 18, 1972, Revised February 22, 1973) 

APPLICANT: Strathmore Realty Corporation 

c/o Smally, Wellford and Nalven 

Post Office Box 4069, Sarasota, Florida 33578. 



To excavate a yacht basin and maintenance-dredge an 
existing channel. 

Section 15, Township 3 8 South, Range 18 East, Dryman 
Bay, Sarasota County. 

Approximately 5,880 cubic yards of material to be 
dredged and deposited on the applicants' upland property. 

$5,880 received as payment for material at standard rate. 

Field Operations Division has no objection to the pro- 
posed project. 

Department of Natural Resources - This department has no 
objection to the proposed project. 

Game and Fresh Water Fish Commission - Deferred to the 
Department of Natural Resources. 

Department of Pollution Control - This department has no 
objection to the proposed project. 

Staff recommends issuance of Dredge Permit No. 58- 21-0120. 
ACTION OF THE TRUSTEES: 

On motion by Mr. Stone, seconded by Mr. O'Malley and Mr. Conner, 
passed without objection, the Trustees authorized issuance of 
the dredge permit. 

March 20, 1973 



PROJECT : 
LOCATION : 
MATERIAL 

PAYMENT : 

STAFF 
REMARKS: 



ECOLOGICAL 
RESPONSES: 



334 



-23- 



PALM BEACH COUNTY - Marina License and Construction Permit 
No. 50-30-0022 (January 3, 1973) 

On February 6, 1973, the Trustees authorized issuance of the following 
marina license and construction permit: 

APPLICANT: Colonnades, Inc. 

c/o William G. Wallace, Inc. 

105-6 Lakeview Building, North Palm Beach, Florida 

PROJECT: To construct a dock 100 ' x 97.5' approximately 2_0 feet 
south of the Blue Heron Boulevard Bridge covering 
approximately 9,750 square feet. 

LOCATION: Section 26, Township 42 South, Range 43 East, 
Palm Beach County. 

However, the agenda item #30 should have shown 200 feet south of the 
center line of the Blue Heron Boulevard Bridge. 

Request authority to correct a scrivener's error in the minutes to 
show the correct distance of 200 feet south of the bridge . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Stone, seconded by Mr. O'Malley and Mr. Conner, 
passed without objection, the Trustees authorized correction of 
the agenda item as copied into the minutes of February 6, 1973. 



-24- 



SPOIL ISLANDS POLICY 



The State of Florida Board of Trustees of the Internal Improve- 
ment Trust Fund adopted a spoil islands policy August 11, 1970, 
as set forth: 

1. Spoil islands should be left in their natural state unless 

a greater public purpose would be served by development. If 
non-state development is to take place, it should be undertaken 
under lease by the Trustees rather than sale and consistent with 
guidelines set forth in Section 253.111, Florida Statutes. 

2. Proposals for public development of any spoil island should 
be authorized only after consultation with appropriate state 
agencies to see if any better public purpose might be served. 

The Staff requests reaffirmation of above Trustees' policy adopted 
August 11, 1970, and that the following additional recommendation 
be adopted by the Trustees: 

3. Dwelling houses and structures not owned by the State of 
Florida or any of its agencies that have been constructed 
on the spoil islands should be removed, either by the 
individuals claiming a possessory interest in the structures, 
within a reasonable period of time, or by appropriate state 
agencies with assistance from local governmental officials. 
Continuous human habitation of any spoil islands should be 
discontinued. 

ACTION OF THE TRUSTEES : 

Motion was made by Mr. Stone, seconded by Mr. Conner and passed 
without objection, that the 1970 policy regarding spoil islands 
be reaffirmed and the additional recommendation stated above 
pertaining to structures on spoil islands be adopted as policy 
of the Trustees . 



-25- 

PROPOSED AMENDMENTS TO VARIOUS SECTIONS OF CHAPTER 18-1 
THROUGH 18-3 OF THE FLORIDA ADMINISTRATIVE CODE relating 
to satisfactory evidence of title in an applicant for some 
relief requiring action by the Trustees involving ownership 
of land. 

March 20, 1973 



some 



335 

The sections to be amended currently provide that title 
of the applicant be established by a certificate of title 
issued by a licensed title company doing business in Florida 
or by the opinion of an attorney who is a member of the Florida 
Bar, which opinion is based upon current abstract of title. Son... 
sections recognize only the establishment of title by a certificate 
of title of a licensed title company. 

Some of the sections, as now written, require detailed information 
concerning encumbrances on the title, information having little 
relevance to the relief requested in an application. These 
sections have been made uniform by the definition of satisfactory 
evidence of title. 

Some of the requirements relating to evidence of title were 
established years ago by policy, not carried forward into 
regulations. Such policy is rescinded in the resolution adopting 
amendments to the regulations and "satisfactory evidence of title" 
as defined in Section 9 of the resolution is made applicable to 
all proceedings before the Trustees involving proof of title, 
unless the contrary is clearly required by statute. 

The Board of Governors of the Florida Bar has taken a position 
in favor of the changes. 

Staff recommends adoption of the amendments to the Administrative 
Code and the change in existing policy as set forth in the resolu- 
tion attached to the agenda. 

ACTION OF THE TRUSTEES : 

On motion by Mr. Christian, seconded by Mr. Stone and passed 
without objection, the Trustees adopted the amendments to the 
Administrative Code and the change in existing policy relating 
to satisfactory evidence of title in an applicant for some 
relief requiring action by the Trustees involving ownership 
of land. 



-26- 

MONROE COUNTY - Illegal Dredging 

The United States Attorney's Office at Miami, Florida has filed 
suit against Charley Toppino & Sons, Inc., in the United States 
District Court for the Southern District of Florida charging 
Charley Toppino & Sons, Inc. with illegal dredging at Rockland 
Key in Monroe County, Florida. The United States of America has 
asked for restoration of the property in question. A portion of 
the property is sovereignty land of the State of Florida and the 
Board of Trustees of the Internal Improvement Trust Fund has a 
cause of action against Charley Toppino & Sons, Inc., for the 
illegal dredging referred to in the suit filed by the United 
States of America. 

Staff recommends the Board of Trustees intervene as a plaintiff 
in the subject suit in the United States District Court to 
protect its interests and present the claim of the Trustees 
for damages . 

ACTION OF THE TRUSTEES: 

On motion by Mr. O'Malley, seconded by Mr Shevin and passed 
without objection, the Board of Trustees adopted the staff 
recommendation to intervene as a plaintiff in the subject 
suit in the United States District Court to protect its 
interests and present the claim of the Trustees for damages. 



-27- 

LEE COUNTY - Bulkhead Line 

(March 7, 1973) 

APPLICANT: Lee County Board of County Commissioners 
Lee County Courthouse 
Ft. Myers, Florida 



March 20, 1973 



336 



PROJECT: By resolution dated March 7, 197 3, the location 
of a bulkhead line at the mean high water line 
along the Caloosahatchee River in Sections 23 and 24, 
Township 45 South, Range 23 East, and in Sections 
5, 8, 17, 18 and 19 in Township 45 South, Range 
24 East, and in Sections 32 and 33 in Township 44 
South, Range 2 4 East, Lee County. 

On August 28, 1968, the Lee County Board of County Commissioners 
approved the setting of a bulkhead line along the Caloosahatchee 
River. This line as established was not satisfactory to either 
the staff or to GAC. Therefore, the staff, at the expense of 
GAC, had the bulkhead line surveyed and monumented at or along 
the mean high water line. This line as now located is acceptable 
to the staff, GAC, and has been adopted by the Lee County Board 
of County Commissioners. 



STAFF 
REMARKS ; 



In regular meeting on January 18, 1972, the Board of 
Trustees approved the staff recommendation to accept 
the 9,523 acres of land in the Fahkahatchee Strand as 
part of the settlement with GAC Properties, Inc., and 
the granting of releases, deeds, and other assurances 
deemed necessary to vest good and marketable title in 
GAC Properties, Inc., to the land in controversy. 



The establishment and subsequent approval by the Trustees of this 
bulkhead line will complete the steps needed to be taken to bring 
this matter to the conclusion previously approved. 

Staff recommends approval of the bulkhead line, subject to the 
exchange of deeds and receipt of $33,800 cash for engineering costs , 

ACTION OF THE TRUSTEES: 

On motion by Mr. O'Malley, seconded by Mr. Stone and passed 
without objection, the bulkhead line established on March 7, 
1973, by the Board of County Commissioners of Lee County was 
approved by the Trustees subject to the exchange of deeds and 
receipt of $33,800 cash for engineering costs. 



On motion duly adopted, the meeting was adjourned 




GOVERNOR - CHAIRMAN 



ATTEST; 




****** 



Tallahassee, Florida 
April 4, 1973 



The Board of Trustees of the Internal Improvement Trust Fund 
met on this date in tne Haydon Burns Auditorium with the 
following members present: 



Reubin O'D. Askew 
Richard (Dick) Stone 
Robert L. Shevin 
Fred O. Dickinson, 
Thomas D. O'Malley 
Floyd T. Christian 
Doyle Conner 



Governor 

Secretary of State 
Attorney General 
Jr. Comptroller 
Treasurer 

Commissioner of Education 
Commissioner of Agriculture 



April 4, 1973 



337 



Joel Kuperberg 



Executive Director 



-1- 

Without objection, the minutes of the meeting on March 7, 1973, 
were approved as submitted. 



-2- 

LEE COUNTY - Consideration of Oil and Gas Lease Bids 

APPLICANT: Exxon Company, U.S.A. 
New Orleans, Louisiana 

REQUEST: Consideration of sealed oil and gas bids. 

LOCATION: Sunland Training Center at Fort Myers, in NW% of 
SE^j and SH of SE% of Section 7, S^ of SW^ and 
and SW^s of SE% of Section 8, North 1730 feet of 
W 3/4 of Section 17, and North 1730 feet of E% 
of Section 18, in Township 44 South, Range 26 
East, Lee County, containing 502.12 acres. 

INTEREST OF 

STATE: The Trustees hold fee title to this tract of land 

which is leased to the Department of Health and 

Rehabilitative Services for its use and benefit. 

All proceeds from the proposed lease will go to 

that Department. 

The lease requires an annual rental of $1 per net mineral acre, 
$100,000 surety bond, 1/8 royalty and at least one test well 
every 2% years drilled to 6,000 feet or to the top of the 
Sunniland limestone formation or equivalent, whichever is 
deeper, with the right reserved by the Department of Health and 
Rehabilitative Services to approve or disapprove the drilling 
of any wells proposed on the leased land. 

On February 20, 1973, the Trustees authorized advertising the land 
for sealed bids. 

Invitation to bid was advertised pursuant to law in the Tallahassee 
Democrat and the Fort Myers News-Press with bids to be opened 
at 10:00 A.M. (EST) on April 3, 1973, for consideration by the 
Trustees . The right to reject any or all bids is reserved. 

ACTION OF THE TRUSTEES: 

Mr. James T. Williams of the Land Records Division, Trustees' 
office, stated that two sealed bids were received, as follows: 

Exxon Company, U. S. A. and Robert K. Hughes, jointly- 
Total bid of $6,326.70 

Robert Mosbacher, Houston, Texas - Total bid of $3,032.80 

Mr. Williams had calculated the bonus per acre for each bid and 
reported that the Exxon bid offered a bonus of $11.6 per net 
mineral acre. He recommended acceptance of that bid. 

On motion by Mr. Christian, seconded by Mr. Dickinson and Mr. 
O'Malley, passed unanimously, the Board accepted the high bid 
and awarded the oil and gas drilling lease to Exxon, U. S. A. 
and Robert K. Hughes, jointly. 



-3- 



DADE COUNTY 



On March 21, 1972, the Trustees authorized issuance of 
Easement No. 25304 to Florida Power and Light Company for the 
construction and operation of an electric substation on 
2h acres of land in the southwest corner of the Florida 
International University Campus. 



April 4, 1973 



338 



Florida Power and Light Company was denied a hearing for a 
zoning variance for construction of the substation as the 
application was filed in the name of Florida Power and Light 
Company, not owner of the property. In order to comply with the 
zoning procedures of Dade County, Florida Power and Light Company 
requests the Board of Trustees to execute a power-of-attorney 
granting Florida Power and Light Company the authority to 
file, in behalf of the Trustees, an application for a public 
hearing with the Dade County Zoning Board for a variance to 
permit the installation of an electric power distribution 
substation on the easement area of Florida International 
University Campus. 

Staff legal counsel has reviewed and approved this request. 

Recommend issuance of power-of-attorney to Florida Power and 
Light Company for the above purpose only . 

ACTION OF THE TRUSTEES : 

On motion by Mr. Christian, seconded by Mr. Conner and passed 
unanimously, the Trustees authorized issuance of power-of- 
attorney to Florida Power and Light Company for the above 
purpose only. 



-4- 

HILLSBOROUGH COUNTY - Monitoring Well Easement 
(February 27, 1973) 

APPLICANT: City of Tampa 

Department of Sanitary Sewers 

REQUEST: An easement for location of a monitoring well 

LOCATION: An area 15' x 15' adjacent to Fowler Avenue 
on the University of South Florida Campus in 
SW% of Section 9, Township 2 8 South, Range 19 
East, Hillsborough County. 

The City of Tampa is planning to construct an interim waste 
water treatment plant in the vicinity of the university and will 
use the landspread method to dispose of effluent. In order to 
monitor the penetration of the effluent into the underlying 
strata, several monitoring wells are necessary. One well 
location is desirable to the north of the proposed treatment 
plant on the university campus. 

The Board of Regents Facilities Committee has reviewed and 
approved issuance of the easement. 

Recommend issuance of the easement to the City of Tampa for 
monitoring well purposes only . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Dickinson, seconded by Mr. Christian and passed 
unanimously, the Trustees approved the request of the City of 
Tampa for an easement for monitoring well purposes only. 



-5- 

Item 5 on the agenda was temporarily passed, to be considerec 
later in the meeting. 



-6- 

DUVAL COUNTY - Fill Permit No. 16-12-0005 

At the request of the staff, the application of Automotive 
Disposal Corporation to construct a riprap seawall and fill 
three acres in Section 44, Township 1 South, Range 24 East, 
Trout River, Duval County, was withdrawn from the agenda. 



April 4, 1973 



339 



-7- 



ESCAMBIA COUNTY - Extension of Permit No. 
(November 20, 196 9) 



253.123-397 



APPLICANT: Westinghouse Electric Corporation 
Box 791, Pensacola, Florida 32502 

PROJECT: To dredge a 200 foot x 200 foot turning basin and 

a channel 10 feet deep, 100 feet wide and 4,000 feet 
long . 

LOCATION: Section 6, Township 1 South, Range 29 West, Escambia 
Bay, in Escambia County. 

STAFF 

REMARKS: The applicant has been unable to complete the 

work authorized under this permit because of delays 
involved in obtaining the Corps of Engineers permit. 
The Corps permit issued November 29, 1972, contained 
a provision imposed by the U. S. Bureau of Sport 
Fisheries and Wildlife and Environmental Protection 
Agency that dredging not be done during the period 
of March 15 to October 15. However, both agencies 
are considering a recommendation to the Corps of 
Engineers extending the dredging period and their 
comments will be available prior to the Board of 
Trustees' meeting. 

The state permit issued November 20, 1969, and was 
extended by the Board on November 14, 1972, until 
March 15, 1973. 

Staff recommends extension of Permit No. 253.123-397 until 
April 25, 1973 . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Christian, seconded by Mr. Conner and passed 
unanimously, the Trustees approved extension of Permit No. 
253.123-397 until April 25, 1973, as recommended by the staff. 



LEE COUNTY - Artificial Reef Permit No. 36-32-0185 
(January 22, 1973) 

APPLICANT: Fort Myers Jaycees, Inc. 
c/o Douglas F. Seymour 
Route 8, Box 174, Bokeelia, Florida 33922 



To construct an artificial reef to provide habitat 
for marine life. 

Ten nautical miles southwest of Point Ybel, Sanibel 
Island, in the Gulf of Mexico, Lee County. 

12,000 tires bundled into units of 12 tires each 
weighted with concrete. 

Not applicable. 



Field Operations Division recommends approval of the 
proposed project. — 



Department of Natural Resources - Construction of the 
proposed project should not have significant adverse 
effects on marine biological resources. 

Game and Fresh Water Fish Commission - This agency 
has no objection to the proposed project. 

Department of Pollution Control - This department 
has no objection to the proposed project. 



Staff recommends issuance of Permit No. 36-32-0185. 



PROJECT : 



LOCATION i 



MATERIAL: 



PAYMENT : 



STAFF 
REMARKS: 



ECOLOGICAL 
RESPONSES : 



April 4, 1973 



340 



ACTION OF THE TRUSTEES: 



On motion by Mr. Stone, seconded by Mr. Christian and passed 
unanimously, the Trustees authorized issuance of the artificial 
reef permit. 



LEVY COUNTY 
APPLICANT : 
PROJECT : 

LOCATION : 

MATERIAL: 

PAYMENT : 

STAFF 
REMARKS: 

ECOLOGICAL 
RESPONSES : 



OTHERS 



-9A- 

- Bulkhead Line 

(February 7, 1973) 

Department of Transportation 
Tallahassee, Florida 

To establish a bulkhead line along .the North and 
South approaches of the Number Four Channel Bridge 
on State Road Number 24 at Cedar Keys. 

Section 20, Township 15 South, Range 13 East, Levy 
County . 

Not applicable. 

Not applicable. 

Field Operations Division has no objection. 

Department of Natural Resources - This department 
has no objection. 

Game and Fresh Water Fish Commission - This agency 
has no objection. 

Department of Pollution Control - This department 
has no objection. 

Levy County Board of County Commissioners on 
September 5, 1972, approved the bulkhead line 
location. 



Staff recommends approval of the bulkhead line in File 
No. 38-35-0447 . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Stone, seconded by Mr. O'Malley and passed 
unanimously, the Trustees approved the bulkhead line as 
recommended by the staff. 



LEVY COUNTY 
APPLICANT : 
PROJECT : 
LOCATION: 

PAYMENT : 



-9B- 

- Right of Way Easement File No. 2493-38-253.03 
(February 7, 1973) 

Department of Transportation 
Tallahassee, Florida 

Highway and bridge construction for State Road 24. 
Some dredging and filling is required. 

Two parcels of sovereignty land totaling 3.75 acres 
in channel 4, Gulf of Mexico, abutting Sections 17 and 
20, Township 15 South, Range 13 East, Levy County. 

None. 



Staff requests authority to issue the right of way easement 
subject to the Department of Transportation acquiring the 
abutting upland ownerships. 



April 4, 1973 



341 



ACTION OF THE TRUSTEES: 



On motion by Mr. Stone, seconded by Mr. O'Malley and passed 
unanimously, the Trustees approved isssuance of the right of way 
easement requested by the Department of Transportation subject 
to that department acquiring the abutting upland ownerships. 



-9C- 

LEVY COUNTY - Dredge and Fill Permit No. 38-21-0448 
(February 7, 1973) 

APPLICANT: Department of Transportation 
Tallahassee, Florida 

PROJECT: To construct a new bridge across Number Four Channel, 
State Road 24. 



LOCATION: 



MATERIAL : 



PAYMENT : 



Sections 17 and 20, Township 15 South, Range 13 East, 
Cedar Keys, Levy County. 

Approximately 19,300 cubic yards of spoil will be 
placed on privately-owned upland. 

Request waiver of fee. 



STAFF 
REMARKS 



Field Operations Division has no objection to the 
project provided the destruction of the marsh is kept 
at an absolute minimum. 



ECOLOGICAL 

RESPONSES: Department of Natural Resources - The project should 
not significantly damage marine biological resources 
if efforts are made to retain silt and fill materials 
within construction boundaries. Small ditches should 
be constructed alongside portions of fill that would 
eliminate intertidal creeks or restrict intertidal 
flow to productive marsh areas. Efforts should be made 
to allow faster intertidal flows to marsh areas between 
the old and new road rights-of-way. 

Game and Fresh Water Fish Commission - If the following 
procedures are implemented, the small amount of 
dredging and filling required can be done with little 
environmental damage. Do all work at low tide to 
minimize turbidities. Secondly, riprap and grass the 
shoulders adequately to prevent future erosional 
turbidity. 

Department of Pollution Control - This department has 
no objection to the proposed project. 

OTHERS: 1. Levy County Board of County Commissioners approved 
dredge permit resolution October 17, 1972. 

2. Levy County Board of County Commissioners approved 
fill permit resolution September 5, 1972. 

Staff recommends issuance of Permit No. 38-21-0448 subject to the 
stipulations of the environmental agencies and payment for material 
placed on privately-owned uplands at the established rate of 50C 
per cubic yard . 

ACTION OF THE TRUSTEES: 

The description of the location of the project was corrected from 
Monroe County to Levy County. 

On motion by Mr. Stone, seconded by Mr. O'Malley and passed 
unanimously, the staff recommendation was accepted as the action 
of the Board. 



April 4, 1973 



342 



-10- 

PASCO COUNTY - Dredge Permit No. 51-21-0046 
(August 4, 1972) 

APPLICANT: Leisure Lands, Inc. 

c/o Virgil F. Bryant, Jr. 

50 Highpoint Boulevard, High Point 

Brooksville, Florida 33512 

PROJECT: To dredge and clean out existing canals and the 
channel into the Gulf of Mexico at Leisure Beach 
and Signal Cove Subdivisions. 

LOCATION: Section 33, Township 2 4 South, Range 16 East, Section 
4, Township 2 5 South, Range 16 East, Gulf of Mexico 
Pasco County. 

MATERIAL: Spoil to be deposited adjacent to the channel on 
existing spoil banks. 

PAYMENT: Not applicable; spoil to be placed on state-owned 
submerged lands . 



STAFF 
REMARKS 



Field Operations Division cannot favorably comment upon 
the proposed maintenance project. 



ECOLOGICAL 

RESPONSES: Department of Natural Resources - The proposed limited 
excavation to improve navigation should have only 
limited adverse effects on marine life, provided 
spoil is placed on upland. To conserve marine habitat, 
spoil or fill previously placed on submerged lands 
should be removed . 

Game and Fresh Water Fish Commission - No objections 
provided the channel is dredged no deeper than -5 feet 
at mean low tide, a diaper placed at the channel 
entrance (west end) during the dredging operation and 
retained until turbidity within the channel is 50 
J.T.U. above background. All spoil should be placed 
on the upland area with no intrustion on the marsh or 
submerged lands, and no additional upland canals should 
be connected to the existing channel. 

Department of Pollution Control - This department has 
no objection to the proposed project. 

NOTE: The applicant was advised of the agency stipulations 
on October 26, 1972, was asked if he could modify 
the project to meet the suggestions. To date he has 
not responded. 

Staff recommends denial of Permit No. 51-21-0046 as the applicant 
has not indicated willingness to meet the stipulations of the 
environmental agencies . 

ACTION OF THE TRUSTEES : 

Motion was made by Mr. Stone, seconded by Mr. O'Malley, to deny 
the application with prejudice, whereupon the Executive Director 
requested denial without prejudice so that the applicant might 
comply with the agency stipulations and re-apply for a permit. 

A question by Mr. O'Malley as to the possibility that the 
initial canal work constituted a violation would be investigated 
by the staff and a report made before any further consideration 
of this applicant's request for a permit. 

On an amended motion by Mr. Stone, seconded by Mr. O'Malley and 
passed without objection, the permit application was denied without 
prejudice . 



April 4, 1973 



343 



-li- 



POLK COUNTY - Dredge and Fill Permit No. 53-39-0377 

At the request of the staff, the application of Mobil Chemical 
Company for a permit for work in Section 14, Township 31 South, 
Range 25 East, Peace River, Polk County, was withdrawn from the 
agenda for further investigation. 



MONROE COUNTY 



-12- 

Dredge Permit No. 253.03-17! 
(January 19, 1973) 



APPLICANT: Tropical Isles, Inc. 
c/o A. M. Adams 
Post Office Box 1702, Key West, Florida 33040 

PROJECT: Extension of Trustees' Permit No. 253.03-178 expiring 
April 8, 1973. Project has not been completed 
because State Pollution Control Board has not 
granted approval. 

LOCATION: Section 2, Township 67 South, Range 29 East, Big 
Pine Key, Monroe County. 

MATERIAL: 21,200 cubic yards of material to be placed on 
applicant's uplands. 

PAYMENT: Applicant submitted $2,120 as payment for material 
at time of original permitting. 



STAFF 
REMARKS : 



Field Operations Division recommends denial of 

an extension of the permit since the area has become 

quite productive and there is no tidal flushing 

problem. 



ECOLOGICAL 
RESPONSES: 



Department of Natural Resources - Reports the channel, 
spoil bank, and surrounding submerged lands contain 
habitat useful to marine life. "Perhaps this situa- 
tion should be studied by a hydrographic engineer, 
because from the nautical chart showing the location 
of the project, it would seem that the spoil bank, 
even as long as it is , is not interfering with the 
flow pattern to such a degree as to warrant its 
removal. " 



Game and Fresh Water Fish Commission 
the Department of Natural Resources. 



Concurs with 



OTHERS : 



Department of Pollution Control - Comments not 
received. 

Mr. William D. Becker, Resident Marine Biologist, and 
Mrs. Irene Hooper, President of SEACAMP , recommend 
against removal of the spoil bank. 



Staff recommends that Permit No. 253.03-178 not be extended . 

ACTION OF THE TRUSTEES: 

Responding to members' questions, Mr. Kuperberg said this was 
an old and controversial project, at one time it was recom- 
mended that the berm left after channel dredging be removed 
and the matter at issue for some time was partly the reason 
for establishing an aquatic preserve including everything below 
the mean high water. The environmental agencies now recommended 
that the berm remain as there apparently is no interference with 
tidal flow. 

On motion by Mr. O'Malley, seconded by Mr. Christian and passed 
without objection, the Trustees accepted the staff recommendation 
to deny permit extension. 



April 4, 1973 



344 

-13- 

MONROE COUNTY - Signboard Permit No. 1246 

As the rental had been paid by Harry Gilbert, holder of Lease 
No. 12 46 for a signboard northwest of Jewfish Creek Bridge on 
U. S. Highway 1, on sovereignty land in Monroe County, the matter 
was withdrawn from the agenda at the request of the staff. 



-14- 

ST. JOHNS COUNTY - Dredge Permit No. 55-20-0065 
(February 26, 1973) 

APPLICANT: Board of County Commissioners of St. Johns County 
c/o Alan G. Stanford, Jr. 
Post Office Box 299 
St. Augustine, Florida 32084 

PROJECT: To dredge a channel 50 feet in width in Vilano Boat 
Basin, St. Johns County. 

LOCATION: Section 8, Township 7 South, Range 30 East, St. Johns 
County . 

MATERIAL: 8,745 cubic yards of spoil to be placed on an existing 
upland island previously used for spoil at the time the 
basin was constructed. 

PAYMENT: Not applicable. Spoil to be placed on publicly-owned 
property. 

STAFF 

REMARKS: Field Operations Division has no objection to this 
project as revised. 

ECOLOGICAL 

RESPONSES : Department of Natural Resources - Maintenance dredging 
of the channel and basin as proposed would have only limited 
adverse effects on marine biological resources provided siltation 
and turbidity control devices are used during the dredging operation. 
The upland portion could be used for spoil disposal without having 
significant detrimental effects on marine biological resources 
if the following conditions are followed: (1) The spoil island 
should be diked prior to use. (2) The spoil dike should be 
properly constructed and located upland of the intertidal marsh. 
(3) The waste water return weir should flow directly into the 
existing navigation channel. (4) A siltation barrier should be 
placed near the outlet weir to control siltation and turbidity 
problems associated with return of spoil waste water. (5) Since 
the old spoil island may not be large enough to retain the entire 
8,745 cubic yards of material, the applicant should be advised 
that excessive spoil materials must be placed on upland property 
or hauled away. Under no circumstances should spoil be placed 
within the intertidal marshes or creeks. (6) Our area field bio- 
logist, Gerald Herting, should be contacted to assist in deter- 
mining the outer location of the spoil dikes and should be 
allowed the opportunity to review construction plans for the dike 
and make suggestions necessary to properly protect the intertidal 
marsh. 

Game and Fresh Water Fish Commission - Deferred to the Department 
of Natural Resources. 

Department of Pollution Control concurs with Department of 
Natural Resources report of March 14, 1973, and TIITF Field 
Operations report of March 13, 1973. 

Staff recommends approval of Permit No. 55-20-0065 subject to the 
stipulations of the Department of Natural Resources . 

ACTION OF THE TRUSTEES: 

Mr. Kuperberg said the project had been modified to meet 
objections of the environmental agencies and the staff recom- 
mended approval. 



April 4, 1973 



345 



On motion by Mr. Christian, seconded by Mr. O'Malley and passed 
without objection, the staff recommendation was accepted as the 
action of the Board. 



-15- 

SARASOTA COUNTY - Fill Permit No. 58-12-0181 
(October 4, 1972) 

APPLICANT: R. C. Hodson 

c/o John A. Grant, Inc. „.„ 

3333 North Federal Highway, Boca Raton, Florida 33432 

PROJECT: To construct a seawall along a lot bordering on the 
Myakka River. 

LOCATION: Section 2, Township 40, Range 20, Myakka River, 
Sarasota County. 

MATERIAL: Fill to be obtained from upland sources. 
PAYMENT: Not applicable. 



STAFF 
REMARKS : 



Field Operations Division has no objection provided 
(1) the seawall is constructed prior to any back- 
filling, (2) backfill should be obtained from upland 
sources, (3) consideration should be given to 
placing riprap at the base of the seawall to provide 
a habitat for marine life. 



SsPONSEsI 1 Department of Natural Resources - The proposed seawall 
installation and riprap placement at the south end of 
the wall should not have significant adverse effects 
on marine biological resources. 

Game and Fresh Water Fish Commission - This agency 
has no objection to the project as proposed; however, 
it is recommended that riprap be used instead or m 
front of the seawall. 

Department of Pollution Control - This agency has 
no objection to the proposed project. 

OTHERS: Minor Work Application #71-57 approved by the Sarasota 
County Water and Navigation Control Authority May 25, 
1972. 

Staff recommends. issuance of Permit N o. 58-12-0181 subject to the 

stipulations of the environmenta l agencies. 

ACTION OF THE TRUSTEES: 

On motion by Mr. Christian, seconded by Mr. O'Malley ^d passed 
without objection, the Board approved issuance of the permit 
subject to the stipulations Of the environmental agencies. 



-16- 

COLLIER COUNTY - Marina License Renewal Permit No. ML- 114 
(February 23, 1973) 

APPLICANT: Marco Towers, Inc. 
West Pelican Avenue 
Isles of Capri 
Naples, Florida 33940 

PROJECT: To renew ML-114 for one year. 

LOCATION: Section 6, Township 52 South, Range 26 East, 
Big Marco Pass, Collier County. 



MATERIAL: Not applicable 



April 4, 1973 



346 



PAYMENT: $100 minimum annual fee. 

STAFF 

REMARKS: Field Operations Division reports that construction 
conforms to the approved permit. 

ECOLOGICAL 

RESPONSES: Not applicable. 

Staff recommends renewal of ML-114 for one year . 
ACTION OF THE TRUSTEES: 

On motion by Mr. Stone, seconded by Mr. O'Malley and Mr. Christian 
and passed without objection, the Board approved renewal of the 
marina license for- one year. 



BREVARD COUNTY 



-17- 

Dredge and Fill Permit No. 05-31-0282 
(November 27, 1972) 



APPLICANT 



PROJECT : 



LOCATION: 

MATERIAL: 

PAYMENT : 

STAFF 
REMARKS: 



Canaveral Port Authority 

c/o Gee and Jensen, Consulting Engineers, Inc. 

2019 Okeechobee Boulevard 

West Palm Beach, Florida 33401 

To continue Phase 2, 3 and 4 to provide additional 
wharfage and upland port facility area for cargo 
and passenger operations. The work was started 
under Trustees' Permit 253.123-576 that expires 
June 10, 1973. 

Section 9, 10, 11, Township 24 South, Range 37 East, 
Canaveral Harbor, Brevard County. 

4,200,000 cubic yards of material to be dredged. 

Not applicable. State-owned lands not involved. 

Field Operations Division has no objection to the 
proposed project, provided adequate turbidity control 
devices are utilized. 



ECOLOGICAL 

RESPONSES: Department of Natural Resources - The project should 
not significantly affect marine biological resources. 

Game and Fresh Water Fish Commission - This agency 
offers no objection. 

Department of Pollution Control - This department 
offers no objection to the proposed project. 

Staff recommends issuance of Permit No. 05-31-0282 provided 
adequate turbidity control devices are utilized during con- 
struction . 

ACTION OF THE TRUSTEES : 

On motion by Mr. Stone, seconded by Mr. O'Malley and passed 
without objection, the Board authorized issuance of the permit 
subject to the provisions recommended by the staff. 



The application numbered 18 on the agenda was temporarily passed, 
to be considered later in the meeting. 



April 4, 1973 



347 



-19- 



PALM BEACH COUNTY - Fill Permit No. 253.124-305 

Based on adverse recommendations from local authorities, the 
environmental agencies and the staff, the motion by Mr. Stone, 
seconded by Mr. O'Malley, passed without objection to deny a 
fill permit to the City of Lake Worth to fill a parcel of sub- 
merged land west of State Road A-l-A and south of the south 
right of way line of State Road 802. 

Later in the meeting telephoned message was received that 
Mr. Steinhardt, representing the City of Lake Worth, had 
received notice of the meeting only this morning and wished to 
appear before the Board in regard to this application. 

On motion by Mr. O'Malley, seconded by Mr. Stone and passed 
without objection, the Trustees reconsidered and deferred 
action on the application for two weeks , at which time the 
Board intended to take final action. 



-20- 



LAKE COUNTY 



Dredge Permit No. 35-20-0303 
(December 4, 1972) 



APPLICANT: Dr. and Mrs. James W. Todd 

c/o Glenn Burbans Land Development Company 
North Highway 19 
Eustis, Florida 32726 

PROJECT: To dredge a channel 200 feet long and 90 feet wide 
in a marsh between open water and the applicant's 
uplands to allow access to Lake Dalhousie. 



LOCATION: 



Section 28, Township 18 South, Range 27 East, 
Lake Dalhousie, Lake County. 



MATERIAL: 



1,500 cubic yards of material to be placed upon 
uplands behind natural silt and runoff barrier. 



PAYMENT : 



Not applicable. 



STAFF 
REMARKS : 



Field Operations Division recommends against the 
project as proposed because to destroy such a large 
amount of this marsh area could have serious long- 
term effects on the water quality in this lake. 



ECOLOGICAL 

RESPONSES: Department of Natural Resources, Bureau of Beaches 
and Shores - It is improbable that this project 
will have significantly adverse hydrographic effects. 

Game and Fresh Water Fish Commission - Marsh areas 
such as this are essential for the continued 
productivity of fresh water lakes. They are important 
nursery areas for various fish and wildlife species, 
they are a primary source of fish and waterfowl food 
organisms, and they provide a biological filter for 
the lake through absorption of nutrients. This agency 
recommends against this project because of the bio- 
logical damage that would occur. 

Department of Pollution Control - The shoreline 
vegetation acts as a natural' filter to remove 
undesirable substances that may be present in surface 
water runoff. The project as submitted is not 
recommended for approval. 

Staff recommends denial of Permit No. 35-20-0303 . 

ACTION OF THE TRUSTEES: 

Mr. Kuperberg explained that a significant part of the area is 
below mean high water and the staff had suggested several alter- 
natives that were not accepted by the applicant. 



April 4, 19 73 



348 



On motion by Mr. O'Malley, seconded by Mr. Christian and Mr. Shevin, 
passed without objection, the Trustees accepted the staff recommen- 
dation and denied the application on the basis of the adverse 
environmental reports. 



•21- 



INDIAN RIVER COUNTY - Marina License and Construction 
Permit No. 05-30-0417 
(February 19, 1973) 

APPLICANT: Indian River Marine Basin, Inc. 
c/o Donald A. Thornburg 
2222 Front Street, Melbourne, Florida 32901 



PROJECT : 

LOCATION: 

MATERIAL : 
PAYMENT : 



To construct two piers 8 feet x 60 feet and 8 
feet by 72.5 feet extending from an existing 
seawall . 

Section 2, Township 28, Range 37, Melbourne Harbor, 
(Crane Creek) Brevard County. 

Not applicable. 

$100 minimum annual fee. 



STAFF 
REMARKS : 



Field Operations Division has no objection to this 
project as proposed. 



ECOLOGICAL 

RESPONSES: Department of Natural Resources - This department 
has no objection. 

Game and Fresh Water Fish Commission - Deferred to 
Department of Natural Resources. 

Department of Pollution Control - This department has 
no objection to the proposed subject project. 

Staff recommends issuance of Marina License and Construction 
Permit No. 05-30-0417 . 

ACTION OF THE TRUSTEES : 

On motion by Mr. O'Malley, seconded by Mr. Stone and passed 
without objection, the Trustees approved issuance of the permit. 



-22- 

MARTIN COUNTY - Marina License and Construction 
Permit No. 43-30-0106 
(January 14, 1973) 

APPLICANT: Franklin A. Wood 

Post Office Box 23 

Palm City, Florida 33490 

PROJECT: To construct a commercial dock extending 300 feet 
into the South Fork of the St. Lucie River and 
replace an existing 58-foot long dock. 

LOCATION: Section 17, Township 38 South, Range 41 East, 
South Fork of St. Lucie River. 

MATERIAL: Not applicable. 

PAYMENT: $362.32 annual fee. 



STAFF 
REMARKS : 



Field Operations Division has no objection to the 
project. 



April 4, 1973 



349 



ECOLOGICAL 

RESPONSES: Department of Natural Resources - The proposed dock 
construction should not significantly affect 
biological resources provided siltation is controlled 
during the installation. 

Game and Fresh Water Fish Commission - This agency 
has no objection to the proposed project. 

Department of Pollution Control - This department 
has no objection to either of these projects. 

Staff recommends issuance of Marina License and Construction 
Permit No. 43-30-0106 . 

ACTION OF THE TRUSTEES: 

Motion was made by Mr. Stone, seconded by Mr. Christian, to approve 
the application. 

Mr. O'Malley, questioning the need for a dock of that length and 
possible problems in terms of water flow, was informed by the 
Director that the staff considered a dock a temporary type 
structure preferable to construction of a basin or permanent 
type marina structure. Mr. Robert A. Routa, staff member, 
further assured the Treasurer that the south fork was quite wide 
at that point and the proposed construction would not obstruct 
water flow. 

The motion to approve issuance of the permit was passed without 
objection. 



-23- 



DADE COUNTY 



Construction Permit No. 13-30-0311 
(December 18, 1972) 



APPLICANT: 

PROJECT : 

LOCATION: 

MATERIAL: 
PAYMENT : 



Maria J. Otero 

c/o American Davits Corporation 
7477 Northwest 63 Street 
Miami, Florida 33166 

To repair an existing concrete bulkhead and con- 
struct a 12-foot by 14-foot dock. 

Section 30, Township 53 South, Range 42 East, 
Biscayne Bay, Dade County. 

Not applicable. 

Not applicable. State-owned submerged land not 
involved. 



STAFF 
REMARKS : 



Field Operations Division recommends approval of 
the bulkhead and dock. 



ECOLOGICAL 

RESPONSES: Department of Natural Resources - The proposed pro- 
ject should not have significant adverse effects on 
marine biological resources. However, the use of 
riprap is strongly recommended on biological and 
hydrographic grounds . 

Game and Fresh Water Fish Commission - This agency 
has no objection, but recommends that the remains 
of the old seawall be placed in front of the new 
seawall in the form of riprap. 

Department of Pollution Control - This department has 
no objection to the proposed project. 

Staff recommends issuance of Permit No. 13-30-0311 subject to 
the stipulation that riprap be placed in front of the seawall . 



April 4, 1973 



.* 



350 



ACTION OF THE TRUSTEES: 

On motion by Mr. Stone, seconded by Mr. Christian and Mr. O'Malley, 
passed without objection, the construction permit with stipulation 
as recommended was approved by the Board. 



-24- 

LEE COUNTY - Dredge Permit No. 253.123-1018 

Charles C. Bundschu, Jr., applied for a dredge permit to modify 
a permit approved by the Board on November 29, 1972, for work 
in Section 30, Township 43 South, Range 22 East, Pine Island, 
Lee County. A small channel extending west of the project had 
been eliminated from the plan and the staff recommended approval 
of the modification subject to all stipulations of the original 
permit. 

Motion was made by Mr. Stone, seconded by Mr. O'Malley, to approve 
the application. 

Mr. Conner reported receiving a request for a delay of two weeks 
from the Lee County Conservation Association that he would like 
to honor as a matter of courtesy. 

Mr. Kuperberg responded that he did not object to deferral of 
this relatively small project, that it had been reviewed by the 
staff several times because it adjoined a very controversial project 
that might be the cause of some confusion and local objection. The 
application had been deferred two weeks ago because of the objections 
of the Association and a field inspection last week did satisfy 
the staff but not the objectors, as it is a low land area and a 
very close question. 

At Mr. Conner's request action was delayed for two weeks, and the 
Governor asked that Lee County Conservation Association be 
urged to appear to give the members the benefit of its informa- 
tion and objections, as a final decision should be made on this 
application. 



-5- 

CITRUS COUNTY - Dredge Permit No. 253.123-1009 
(September 21, 1972) (Revised) 

APPLICANT: Crystal River Development Corporation 
c/o William J. Roberts 
Post Office Box 1386, Tallahassee, Florida 32302 

PROJECT: To connect a proposed upland canal system to the 
Crystal River at three locations. 

LOCATION: Sections 13 and 18, Township 18 South, Range 17 
East, Citrus County. 

MATERIAL: 1,800,000 cubic yards of material to be excavated 

from upland and 12,000 cubic yards of sovereignty land 
to be excavated. 

PAYMENT: $6,000 received as payment for material at standard 
rates . 

STAFF REMARKS : 

Field Operations - (1) "An extensive upland canal system apparently 
solely for the purpose of gaining fill material would not seem to 
be in the public interest, and would be contrary to staff policy. 
(2) There appears to be no indication in the plan submitted for an 
adequate sewage system. (3) An alternative development plan could 
possibly be worked out utilizing a marina capable of handling 
the boats of future residents. (4) All homesites should be 
restricted to the existing high areas in the tract with some 
use of pad fills accommodating houses." 



April 4, 1973 



351 



ECOLOGICAL RESPONSES : 



Department of Natural Resources: July 14, 1971 ; The marshes 
and creeks provide important habitat for marine animals. The 
development plans would eliminate this marsh. Filling and 
dredging of canals in the biologically productive intertidal 
marsh and creeks in the subject area would have definite and 
permanent adverse effects on marine biological resources. 
November 30, 1971 : The application has been revised to pre- 
serve a significant portion of the productive marsh habitat 
mentioned in our report. The current proposal will have less 
adverse effects on marine biological resources than would the 
original plan. February 19, 1973 : Although significant 
revisions have been made to arrive at this plan, the develop- 
ment would still have permanent immediate and long-term adverse 
effects on marine biological resources of Crystal River. 

Conclusion of hydrographic study - (1) A saline wedge and 
consequent density stratification may exist in the vicinity 
of Station 3 at depths below 7.5 feet. (2) No problem in cir- 
culation of the canals is foreseen unless stratification takes 
place. (3) The construction of the subdivision will have no 
appreciable effect on the flow of Crystal River. (4) The 
small connecting canals will only tend to collect and retain 
flotsam. 

Game and Fresh Water Fish Commission - The applicant has 
revised his project considerably since his initial contact 
with the Trustees of the Internal Improvement Trust Fund and 
the various environmental agencies in 1971. He has for the 
most part eliminated the dead-end canal configuration and has 
expanded the amount of sawgrass marsh to be preserved. These 
steps will to some extent mitigate the impact of this development 
on the fish and wildlife resources of the Crystal River. 

We are, however, still concerned that an active southern bald 
eagle nest which presently exists on the applicant's property 
may be destroyed. Young eagles were reared in this nest last year 
and it is probable that it will continue as an active nest for 
some time in the future if the proper steps are taken. We are 
currently working out an agreement with the applicant as to how 
much land should be set aside as a sanctuary to protect the nesting 
area. We also recommend that the Trustees of the Internal Improve- 
ment Trust Fund consider leasing the sanctuary as provided by 
Chapter 258 so that the applicant may realize the tax break 
provided for in that chapter. If the applicant is agreeable 
to the above stipulations, we have no objection to the 
issuance of a permit. 

Department of Pollution Control - No objection. 

OTHERS: 1. Board of County Commissioners of Citrus County 
approved on October 14, 1971 by Resolution No. 71-28. 

2. Coastal Coordinating Council would be opposed to 
the project from both an environmental and planning standpoint. 

NOTE: Letter of December 21, 1972 from applicant's agent, states 
the Trustees staff will be notified concerning preservation 
of the eagle nest. The applicant will consult with the Game 
and Fresh Water Fish Commission concerning the necessary 
preserve area. 

S taff recommends denial of project as submitted because of its 
potential for further degradation of the unique, springfed 
Crystal River, the ground water resources of this portion of 
Citrus County and the cumulative effect of urban runoff upon ' 
the aquatic productivity of the river and near-shore Gulf of 
Mexico ecosystem . 

ACTION OF THE TRUSTEES: 

Mr. Kuperberg, stating that the unique spring-fed Crystal River was 
held in trust by the Trustees , said all the environmental agencies 
and the staff objected to this project involving about 700 



April 4, 1973 



352 

acr.es of hammock and marsh lands adjoining a river already 
affected by other developments with connections to the river. Photo- 
graphs were exhibited to show the extent of upland canal work causing 
on-going destruction of flood plain filters, with increasing turbidity 
and degradation of the river waters. Mr. Kuperberg said the cumula- 
tive effect of such connections would destroy the river values and 
reduce land values; and while this applicant had made great effort 
to obtain approval for the project, the staff in the beginning had 
suggested an upland lake project with all runoff into the upland 
lakes and a marina connection with Crystal River, not denying the 
applicant navigation access. The Director added that in order to 
raise the land to usable elevation the project would require exten- 
sive dredging. 

Motion was made by Mr. O'Malley, seconded by Mr. Stone, to deny 
the application. 

Mr. William J. Roberts, applicant's attorney, pointed' out some 
of the efforts made to overcome objections to this project that 
provides for three additional connections into the river (two 
from an existing canal and one from a basin in the western-most 
portion of the property) for the 700 acres of upland immediately 
west of the Holiday Inn on U. S. 19 at Crystal River. The appli- 
cant had seriously considered the marina-type connection, found 
it not economically feasible, and after two years of work there 
were no objections from environmental agencies that were not met. 
Mr. Roberts said there would be no dredging of intertidal marsh, 
all existing creeks would be preserved and surrounding green areas 
dedicated to the state, the City of Crystal River had approved 
annexation of the property into the city limits and applicant 
had agreed to expand the city sewage treatment plant to accommo- 
date not only this 700 acres but all intervening property owners. 
For this planned unit development, Mr. Roberts said the applicant 
had done everything asked of him other than not to build the 
project, and had committed in writing with the Department of 
Pollution Control to protect water quality standards and with the 
Game and Fresh Water Fish Commission to set aside land to protect 
an eagle's nest. 

Governor Askew stated that the effect of the motion was to deny 
without prejudice. Therefore, if the applicant should determine 
it economically feasible he could submit his application 
consistent with the marina concept the staff had suggested. 

Mr. Roberts responded that the applicant had rejected this some 
time ago and his course of action in event of denial would be 
certiorari as he had overcome all the environmental agencies' 
objections except not to build the project. 

On motion by Mr. O'Malley, seconded by Mr. Stone and adopted 
without objection, the Trustees approved the staff recommendation 
for denial of the project as submitted because of its potential 
for further degradation of the Crystal River, the ground water 
resources of this portion of the county and the cumulative effect 
of urban runoff upon the aquatic productivity of the river and 
near-shore Gulf of Mexico ecosystem. 



-18- 

HERNANDO COUNTY - Dredge and Fill Permit No. 27-39-0465 
(February 12, 1973) 

APPLICANT: Hernando Beach, Inc. 
c/o Adrian S. Bacon 
Post Office Box 13576 
St. Petersburg, Florida 33733 

PROJECT: To construct a series of canals through about 80 
acres consisting of tidal creeks, tidal marsh, 
and undeveloped uplands. 

LOCAriON: Section 13, Township 2 3 South, Range 16 East, Eagle 
Canal, Hernando County. 



April 4, 1973 



353 



MATERIAL: Information concerning quantity of material to be 
dredged not submitted. 

PAYMENT; Not applicable. 



STAFF 
REMARKS 



Mr. Adrian Bacon, representing Hernando Beach, Inc , 



has requested this item be considered on April 4, 1973. 

The Trustees' staff is of the opinion that state-owned lands have 
been previously filled and appropriated by the applicant without 
proper authority. On February 17, 1972, Mr. Bacon was advised 
that the Trustees' staff would recommend that lands filled below 
the mean high water line be restored to their natural state. A 
meeting was held with the applicant on August 4, 1972, at which 
time representatives of the various state environmental agencies 
concurred with the suggested restoration. The U. S. Bureau of 
Sport Fisheries and Wildlife has recommended to the U. S. Army 
Corps of Engineers that the area be restored. 

As a counter offer, an application was received from Mr. Bacon 
on February 12, 1973, to conduct additional work at the site and 
to deed certain lands to the state and county. The Trustees' 
staff believes the lands offered by the applicant in settlement _ 
of this dispute have always been state-owned. The staff authorized 
a survey and made a determination of the mean high water mark as ^ 
it existed before development by the applicant. It is the staff s 
position all lands below this line are sovereignty property 
which should not be alienated by the state. 

ECOLOGICAL RESPONSES: 

Department of Natural Resources - December 5, 1972 - To best 
conserve marine and wildlife habitat, existing tidal creeks and_ 
submerged vegetation should not be filled. Limited channelization 
may be permitted without having significant adverse effects on 
marine biological resources. July 20, 1972 - It is recommended 
that the creeks and marshes dredged or filled by recent construc- 
tion be restored to their original elevation since it is likely 
that marine vegetation could become reestablished. 

Game and Fresh Water Fish Commission - Deferred to Department of 
Natural Resources. 

Staff r ecommends denial of Permit No. 27-39-0465 and requests 
authority to file suit to quiet title and seek restoration of 
previously dredged and filled submerged lan ds in Section 13, 
Township 23 South, Range 16 East, Hernando County . 

ACTION OF THE TRUSTEES: 

Mr. Kuperberg reviewed the staff position that the only permit 
that had been issued by state or federal agencies was for the 
construction of a navigation access channel, that extensive other 
work was going on that should be under permit, that there was 
question as to the boundary between the state's jurisdiction and 
the owner's upland property line, and staff considered that there 
had been an invasion of the state's ownership which position had 
been borne out by a registered surveyor's survey. The proposed 
settlement was not recommended as all involved agencies have 
requested restoration of the land seaward of the mean high water 
line. The Director said the subject permit application was 
agendaed at the applicant's request. It had not been f°™ally 
filed until February, thus all environmental comments had not 
been received. 

Motion was made by Mr. O 'Malley, _ seconded by Mr. Stone, to approve 
the staff recommendation for denial. 

Responding to members' questions, Mr. Kuperberg said there were 
no homes on the property involved but lots had been sold, there 
were homes on the northern parcel which area had been developed 
prior to the Randell Act and was therefore not a part of the 
staff recommendation as it was generally agreed with the United 



April 4, 1973 



354 



States that action not be taken against projects more than 
five years old. 

The basic issue, as in the Wetstone case, is the meander line 
versus the mean high water line as the boundary, the staff 
position being that the sovereignty land extends landward to 
the mean high water line. 

Mr. Dickinson, reviewing the legal basis, agreed that the 
question was who owns the land, the state claiming by right of 
sovereignty or the applicant by right of conveyances of warranty 
deeds. In the old deeds the property was described by references 
to a government meander line survey in the mid 1800 's but the 
state's position seemed to be that this related only to swamp 
and overflow land and not sovereign lands. Mr. Dickinson said 
that determination by a court ultimately might be the only solu- 
tion with regard to the applicants and the state, but a more 
profound problem might be involved relating to approximately a 
thousand persons who through previous sales could be affected by 
the outcome . 

Attorney General Shevin expressed the opinion that the title 
questions should be resolved by a court and he concurred in the 
staff recommendation to deny the application and the settlement 
proposed by Hernando Beach, Inc. 

Mr. Adrian S. Bacon, attorney of the firm of Bacon and Hanley, 
was present representing Hernando Beach, Inc., as were Mr. Charles 
Talley and Mr. Joseph Johnston. In a lengthy presentation 
Mr. Bacon discussed the history of this land improvement project 
begun in about 1959 with the dual purpose of limerock removal 
by the companies and predecessor in title and for production of 
homesites. He said that Units 1 through 11 in the northern portion 
were completed, sold and homes built on the lots, each unit sub- 
divided, platted, approved by the county and the only permit 
acquired and thought necessary at that time was for the naviga- 
tion channel. In regard to Units 12 and 13, under production 
when this controversy began, Mr. Bacon said the companies, on 
being notified by state and federal representatives that they 
felt the construction was without permit and on state land, 
ceased construction; and negotiations and discussions began with 
publicity that alarmed those purchasers of property who expected 
the company to carry out its contracts to improve their properties. 

Mr. Bacon said Hernando Beach, Inc., had stopped construction, 
notwithstanding the fact that it had warranty deeds to its land 
from predecessor in title that deraigned to a deed from the 
Trustees in 1881 transferring these specific lands and guarantee- 
ing title to the lands which the company was accused of filling 
and not owning. He explained that these lands had been conveyed 
from the United States to the State of Florida under patent as 
swamp and overflowed lands, not navigable waters, that the Trustees 
in turn transferred these lands to Hamilton Disston by warranty 
deed that guaranteed the title with an expressly stated and a 
continuing warranty. Title to the lands and lots sold and con- 
tracted to be improved had been insured, each lot purchaser 
received his contract, his title and. an insurance policy, mort- 
gages were issued, plats prepared, approved and recorded, and 
sale of lands in Units 12 and 13 were registered and approved 
by Florida Land Sales BOard. 

Mr. Bacon discussed efforts by the company to resolve the contro- 
versy including having abstracts of title and aerial photographs 
made, submission of a bona fide offer last May and June to 
compromise and settle a dispute and, in order to expedite the 
offer, filing application with the Corps of Engineers and the 
County Commission setting forth the construction desired in permit 
form and not waiving any legal rights. Mr. Bacon emphasized his 
client's opinion that the Trustees' warranty deed was a contractual 
obligation that should not be repudiated, that approximately 400 
lot sales were involved in addition to his client's immediate 
grantors, three of whom present at this meeting were Senator 
Paul Kickliter, Mr. George Kickliter and Mr. Alfred McKeithan. 

Governor Askew commented that in a title question a basic considera- 
tion was that a deed was only as good as the chain of title from 



April 4, 1973 



355 



its derivation and depended upon an accurate description of the 
land, the Trustees' counsel having taken the position that Hernando 
Beach owns only to the line of mean high water and not to the 
meander line, and that dredging and filling has been done on state- 
owned land. Obviously, the Governor added, there are some hard- 
ships involved and title questions are not unique to this particular 
area. 

Mr. O'Malley and Mr. Stone expressed the opinion that only a quiet 
title suit can determine true ownership, the principle in the 
Wetstone case was involved; therefore, this is not the time 
to consider settlement. 

Comptroller Dickinson stated that the applicant may have a sound 
legal position based on the language in the old deeds. He said the 
Board was not the judge and noted that the majority position 
of the Board was to accept the staff recommendations. 

Senator Paul Kickliter and Mr. George Kickliter spoke of their 
purchase of Sections 12 and 13 in the 1950' s, sale to Charlie 
Sasser (known as Hernando Beach) , and development continuing 
from 1959 until stopped a year and a half ago causing great 
expense to the developer and holding up contracted performance 
to build canals and streets for lot owners. The Trustees were 
asked to protect the rights of some 2,000 people involved and 
owning part of that property and urged to give reasonable, 
genuine consideration to a compromise. 

The Governor assured them the Board tried to balance the equities 
in situations where people are caught by changing times, but 
in this particular instance the Board cannot negotiate until it 
knows who owns the land. The Board should consider rights of the 
people of the state to their coastal lands and demands for better 
standards and guidelines in developing such lands. Mr. O'Malley 
added that compromises were sometimes in order but here there is 
a question of sufficiency of title and authority of the Trustees 
in 1881 to convey title. 

Mr. McKeithan said the development of this property had been an 
asset to the community and the people's trust in state government 
(the warranty deed from the state) was an issue. 

The motion of Mr. O'Malley, seconded by Mr. Stone, to approve 
the staff recommendation to deny permit and authorize a suit 
to be filed to quiet title and seek restoration of previously 
dredged and filled submerged land in Section 13, Township 23 
South, Range 16 East, Hernando County, passed without objection. 



On motion duly adopted, the meeting was adjourn 




GOVERNOR - CHAIRMAN 



ATTEST: 




April 4, 1973 



356 



Tallahassee, Florida 
April 17, 1973 



The State of Florida Board of Trustees of the Internal Improvement 
Trust Fund met on this date in the Haydon Burns Auditorium with 
the following members present: 



Reubin O'D. Askew 
Richard (Dick) Stone 
Robert L. Shevin 
Thomas D. O'Malley 
Floyd T. Christian 
Doyle Conner 



Governor 

Secretary of State 

Attorney General 

Treasurer 

Commissioner of Education 

Commissioner of Agriculture 



Joel Kuperberg 



Executive Director 



-1- 



On motion adopted without objection, the minutes of the meeting of 
March 20, 1973, were approved as submitted. 



POLICY - Release of Reservations contained in Murphy Act Deeds 

On October 23, 1951, the Trustees adopted policy setting forth 
the procedures the staff would follow in processing requests 
for release of oil, mineral and road right of way reservations 
contained in deeds issued by the Trustees under Chapter 18296, 
Acts of 1937 (Murphy Act) . 

This policy was not updated when the procedures used in releasing 
similar reservations contained in Board of Education and Trustees' 
deeds were modified on August 4, 1959. Further, the policy 
adopted in 1951 was not incorporated in the Administrative 
Rules of the Trustees under Chapter 120, Florida Statutes. 

It is therefore recommended that the policy adopted in 1951 
relating to release of reservations contained in Murphy Act 
deeds be rescinded and the provisions of Chapter 18-1.05 as 
amended of the Florida Administrative Code prevail . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Stone, seconded by Mr. O'Malley and passed 
without objection, the staff recommendation was approved as the 
action of the Board. 



HERNANDO COUNTY - Federal Surplus Land 

APPLICANT: Department of Agriculture and Consumer Services, 
Division of Forestry. 

REQUEST: Adoption of a resolution and execution of an 
application for submission to the Bureau of 
Outdoor Recreation, U. S. Department of the 
Interior, on behalf of the Division of Forestry, 
to acquire 110 acres of surplus federal land. 

LOCATION: 110 acres in Section 36, Township 21 South, 

Range 19 East and Section 1, Township 22 South, 
Range 19 East, Hernando County, lying and fronting on 
U. S. Highway 41 (State Road 45). 

This parcel is a portion of the 1,313.16 acres of the U. S. Beef 
Cattle Research Station and consists of unimproved forest land. 
The 110 acres to be requested by the Division of Forestry was 
originally sought by Hernando County, but the county has now 
withdrawn its application for the tract. The Division of Forestry 



April 17, 1973 



357 



has prepared a revised plan with maps and pertinent information 
to file with the application which will supersede the Department 
of Agriculture and Consumer Services original application for the 
entire 1,313.16 acres of surplus land. The 110 acres, if trans- 
ferred to the State for the use and benefit of the Division of 
Forestry, will be developed as a public park or recreation area. 

The application to be submitted to the United States must be 
accompanied by a resolution executed by the Trustees, as the 
appropriate agency of the State of Florida to hold title to the 
land, designating Doyle Conner, Commissioner of the Department 
of Agriculture and Consumer Services, to act on behalf of the 
Trustees in doing all acts and things necessary to secure the 
transfer of this property to the state. 

Recommend adoption of the resolution and authorizing the Executive 
Director to execute on behalf of the Board of Trustees the appli- 
cation for transfer of the 110 acres of surplus land to the State . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Conner, seconded by Mr. Stone and passed without 
objection, the staff recommendation was approved as the action of 
the Board. 



-4- 
LAKE COUNTY - Land Exchange 

APPLICANT: G. W. Pringle 

Post Office Drawer 88, Leesburg, Florida 
REQUEST: Exchange of 97 acres of privately-owned land 

for 97 acres of state land 
LOCATION: The 97 acres of state land is in two separate parcels 
in use by the Florida Agriculture Research Center and is approxi- 
mately 3 miles north and west of Leesburg in Section 17, Township 
19 South, Range 24 East, Lake County. These parcels are over 8 
miles from the Center's main farm laboratory and office facilities. 
Average appraised value is $110,750. The privately-owned land 
consists of two parcels. One parcel of 94.91 acres is contiguous 
to the main farm of the Center and lies between the farm and 
Palatlakaha River in Section 23, Township 20 South, Range 24 East. 
The second parcel contains 2.09 acres contiguous to the laboratory 
and office complex in Section 25, Township 2 South, Range 24 East, 
Lake County. Average appraised value is $201,303. 

The Board of Regents has recommended the proposed exchange as 
being in the best interest of the state due not only to an economic 
benefit of over $90,000 but also advantages in consolidation of 
land holdings of the Agriculture Research Center, to allow 
expansion of the office and laboratory facilities to relieve a 
crowded condition, eliminate construction of extension fencing on 
the main farm area to protect from potential development and 
allow use of the river for irrigation. 

Three appraisal reports have been submitted and reviewed by the 
staff appraiser who comments that the reports are reasonably 
consistent with respect to value range and the proposed exchange 
will be most favorable to the state. Exchange of Trustees' land 
for privately-owned land is provided for in Section 253.42, Florida 
Statutes, and conveyance of Trustees' land without reserving the 
statutory reservation of oil and minerals is permissible provided 
the land received in the exchange is without such reservation. 

Recommend exchange of lands subject to G. W. Pringle being able 
to convey marketable title without reservation as evidenced by 
title insurance or complete abstract of title . 

ACTION OF THE TRUSTEES: 

Mr. Kuperberg noted that Mr. Pringle and his attorney were present. 

On motion by Mr. Shevin, seconded by Mr. O'Malley and passed 
without objection, the Trustees approved the land exchange 
subject to the provision recommended by the staff. 



April 17, 1973 



358 



-5- 

GULF OF MEXICO - Seismic Survey Permit (March 23, 1973) 

APPLICANT: Geophysical Service, Inc., New Orleans, Louisiana 
REQUEST: Permission to conduct a seismic survey using air 

gun method. 
LOCATION: Five short lines extending from near shore outward 
to offshore boundary of state in the upper west 
coast area and one line parallel to shore from 
Florida-Alabama line east to near Fort Walton. 
The Department of Natural Resources approved this proposed 
survey and on February 6, 1973, issued a permit for this 
operation in the offshore area. 

Recommend issuance of permit . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Shevin, seconded by Mr. O'Malley and passed 
without objection, issuance of the seismic survey permit was 
approved by the Trustees. 



-6- 

OKALOOSA, WALTON AND BAY COUNTIES - Seismic Survey Permit 

(March 5, 1973) 
APPLICANT: Geophysical Service, Inc. 

New Orleans, Louisiana 
REQUEST: Permission to conduct a seismic survey using 

air gun method. 
LOCATION: Intracoastal Waterway from Fort Walton eastward 

to East Bay near Panama City with three lines of 

survey extending into the Gulf. 

The Department of Natural Resources approved this proposed 
survey and has issued a permit for the operation. 

Recommend issuance of the permit . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Shevin, seconded by Mr. O'Malley and passed 
without objection, issuance of the seismic survey permit was 
approved by the Trustees. 

-7- 

LEON COUNTY - Easement for Cable Television 
(March 23, 1973) 

APPLICANT: Clearview Cable TV, Box 3172, Tallahassee, Florida 

REQUEST: Easement for location of cable TV cables and 

facilities on the Florida A & M University campus 
to serve the new apartment complex under construc- 
tion. 

LOCATION: A portion of the Florida A & M University campus 
containing approximately 22 acres in Section 12, 
Township 1 South, Range 1 West, Leon County. 

The Facilities Committee of the Board of Regents approved this 
request on March 2, 1973. 

Recommend issuance of the easement for cable TV p urposes only. 
ACTION OF THE TRUSTEES: 

On motion by Mr. Conner, seconded by Mr. O'Malley, the appli- 
cation for easement was approved. 

After consideration of the following application, Mr. O'Malley 
questioned when this apartment complex would be completed, 
whether the commercial cable firm would pay for the easement 



April 17, 1973 



359 



and had made a firm commitment as to when the easement would 
be used. 

On motion by Mr. O'Malley, seconded by Mr. Stone and passed 
without objection, the approving action was reconsidered and 
action deferred for thirty days at the Treasurer's request. 



LEE COUNTY - Dredge Permit 253.123-1018 
(Revised, January 26, 1973) 

Consideration of this application was deferred on April 4 at the 
request of Mr. Conner because of a protest by Lee County Conservation 
Association. 

APPLICANT: Charles C. Bundschu, Jr. 
1550 Carson Street 
Fort Myers, Florida 33902 

PROJECT: To modify a permit approved by the Board of Trustees 
on November 29, 1972. A small channel extending 
to the west of the project has been eliminated. 

LOCATION: Section 30, Township 4 3 South, Range 22 East, 
Pine Island, Lee County. 

MATERIAL: 1,200 cubic yards of material to be excavated. 

PAYMENT: The applicant proposes to deed 6.4 acres of land 

to the Trustees as payment for the material removed 
from state-owned bottom land. 



STAFF 
REMARKS: 



Field Operations Division has no objection to 
the proposed project. 



ECOLOGICAL 

RESPONSES: Department of Natural Resources - This department 
has no objection to the proposed project. 

Game and Fresh Water Fish Commission - This agency 
concurs with the findings of the Department of 
Natural Resources. 

Department of Pollution Control - Water quality 
certificate was issued on February 20, 1973. 

Staff recommends modification of Permit 253.123-1018 as requested 
by the applicant subject to all stipulations of original permit . 

ACTION OF THE TRUSTEES: 

Mr. Kuperberg reported that Lee County Conservation Association 
had responded by letter to notification of this meeting but did 
not appear to be represented today. The staff's position 
remained unchanged, that no bulkhead line was required because 
the area was above the line of mean high water, the applicant's 
work is on low- lying upland, and the 6.4 acres to be deeded 
to the Trustees in exchange for the material dredged from the 
channel is the lowest land in the subject area. 

Mr. Shevin mentioned several objections cited in the letter 
from the association. Mr. Kuperberg explained that as no 
filling below the line of mean high water was involved the 
staff felt that no bulkhead line was needed, the land has 
been surveyed and several field inspections made, satisfying 
the staff that the area was above mean high water. The Director 
said the applicant agreed to pay the difference if the appraisal 
of the 6.4 acres to be deeded to the state does not come up 
to $1,200, the value of the material, but the staff thought 
the land was worth more than that. 



April 17, 1973 



360 



On motion by Mr. Stone, seconded by Mr. O'Malley and passed 
with Mr. Shevin voting "No", the staff recommendation was 
approved as the action of the Board. 



PALM BEACH COUNTY - Fill Permit No. 253.124-305 

On April 4 at the request of Mr. Raphael Steinhardt, the 
Trustees deferred consideration of the application of the City 
of Lake Worth to fill submerged land in Sections 26 and 27, 
Township 44 South, Range 43 East, in Lake Worth, Palm Beach County. 
Noting the several deferrals in the past, the Governor indicated 
that the Board would take final action on April 17. 

Those present included Mr. Steinhardt, Mr. Ronald C. LaFace 
representing the Town of Palm Beach, and Assistant County 
Attorney Sinclair representing Palm Beach County. 

The Director said this was the second of two projects on land 
previously conveyed to the City of Lake Worth. Initially this 
area was to be used for a marina; now, a portion of it is to 
be filled and all environmental reports are adverse to filling 
in Lake Worth. 

Motion was made by Mr. Stone, seconded by Mr. O'Malley, to 
deny the permit. 

Mr. Steinhardt charged that the staff had inadequate records 
and had failed to place the application on the agenda as he 
had requested in June 1972, and charged that his request for 
deferral because of a religious holiday had been denied. 

Motion was made by Mr. O'Malley, seconded by Mr. Stone and 
passed without objection, to defer consideration for two weeks, 
until the meeting scheduled for May 1. 



-10- 



POLK COUNTY 



Dredge and Fill Permit No. 53-39-0377 
(January 11, 1973) 



APPLICANT: Mobil Chemical Company 

Post Office Box 311, Nichols, Florida 33863 

PROJECT: To construct a bypass channel (40' wide) to 
temporarily reroute the flow of the Peace 
River a distance of 200 feet and construct fill 
across the river for movement of dragline and to 
restore stream bed and flood plain. A similar 
project was conducted two years ago. 

LOCATION: Section 14, Township 31 South, Range 25 East, 
Peace River, Polk County. 

MATERIAL: 53,000 cubic yards to be excavated from the bypass 

channel and 8,000 cubic yards to be placed in the river 
and subsequently removed. 

PAYMENT: Not applicable. 



STAFF 
REMARKS: 



Field Operations Division has no objection to the 
proposal provided very strict turbidity controls 
are utilized and the area is restored to its natural 
condition. 



ECOLOGICAL 
RESPONSES: 



Department of Natural Resources - The hydrographic 
effects of this project would be minimal provided 
the by-pass channel was designed so as not to alter 
the flow condition (volume flow rate, grade line) 
of the Peace River. 



April 17, 1973 



361 



Game and Fresh Water Fish Commission - This agency 
has no objection. 

Department of Pollution Control - This agency has 
no objection. 

NOTE: This item was withdrawn on April 4, 1973, and alternatives 
explored with the applicant. No feasible alternatives were found. 

Staff recommends issuance of Permit No. 53-39-0377 subject to 
the stipulations of the environmental agenciel" ! 

ACTION OF THE TRUSTEES: 

The staff had consulted with the firm's chief engineer and no 
alternative could be found for moving the machine across the 
river by the method requested. 

The Trustees approved the permit with the recommended stipula- 
tions on motion made by Mr. Christian, seconded by Mr. Conner 
and passed with one negative vote by Mr. Stone, who suggested 
that the machinery might be dis-assembled for the move across 
the river. 



-11- 

ST. LUCIE COUNTY - Channel Maintenance Dredging 
(June 19, 1972) 

On January 3, 1973, this matter was considered at item #38. 

The Board of Commissioners of the Fort Pierce Port and Airport 
Authority in meeting on June 13, 1972, adopted Resolution 
No. 72-8 which sets forth the Board's efforts to obtain a 
spoil area to accommodate the material to be removed in 
scheduled maintenance dredging in the existing channel and 
turning basin. 

A portion of the material is suitable and will be placed on 
the South Beach in connection with the erosion control program. 
Due to the distance involved and the character of the material, 
it is not feasible to place all of the spoil on the beach. 
State and federal agencies, including the Florida Game and 
Fresh Water Fish Commission and the Federal Bureau of Sports 
Fisheries and Wildlife, have objected to the use of certain 
publicly-owned spoil areas. The Port Authority has proposed 
the use of Coon Island, a publicly-owned spoil island, and 
has proposed two privately-owned spoil areas as alternates, 
subject to the waiving of the 5 cents per cubic yard charge 
for sovereignty materials . 

The Board of Commissioners requests waiver of the 50 cents 
per cubic yard charge for 100,000 yards of material to be 
placed on privately-owned uplands by the Corps of Engineers 
or its agents or contractors. 

At the Trustees meeting on November 29, 1972, the Authority 
withdrew its recommendation of Coon Island as a publicly-owned 
spoil site. Trustees' staff was directed to review its 
recommendation in light of this new development. 

Additional field studies were requested of the environmental 
agencies. No suitable public site, other than Coon Island, 
could be located. 

Mr. Randolph Hodges has requested the Trustees' reconsideration 
of this matter. Trustees' staff remains of the opinion that 
practical alternatives exist, such as (1) the placement of the 
least useful portion of the fill on the publicly-owned Coon 
Island, (2) the payment could be considered as a cost of port 
operation and be provided by the Port Authority. 

Staff recommends that the portion of the projects spoil which 
is unsuitable for beach nourishment be placed upon private 



April 17, 1973 



362 



uplands after adequate dikes and sedimentation controls have 
been installed and upon payment of up to 50g< per cubic yard 
for such quantity as is deposited upon the private uplands, 
and determined to be of use to the private owner, based on the 
difference between appraisals to be conducted before and after 
spoiling takes place. 

ACTION OF THE TRUSTEES : 

In the judgment of the staff the applicant had not actively 
pursued an attempt to work toward the end recommended by the 
staff and approved by the Board on January 3, 1973, The 
Director felt it would be bad precedent to allow material to 
be deposited on private property without payment. The staff 
was trying to adhere to a policy that the state must.be paid 
for dredged material placed on private property. 

In the discussion it was stated that the private owner had 
not asked for and was not willing to pay for the material of 
uncertain quality, maintenance must take place, and although 
the Director had gone to great lengths to resolve the problem 
there appeared to be no viable alternative. This was a unique 
situation, deposit of material in open waters was not recommended 
and to continue delaying would further increase the erosion 
problem south of the Fort Pierce Inlet. 

Senator Randolph Hodges, Executive Director of the Department 
of Natural Resources, had asked for reconsideration because of 
the erosion of the beach on which the suitable portion of the 
dredged material would be placed. 

Governor Askew summed up by stating that the port serves a 
public purpose, there was an erosion problem, there had to be 
a balancing of equities and it was not realistic to require the 
Port Authority to pay for the material dredged in a channel 
maintenance project as a cost of doing business. 

Statements supporting the request for waiver of payment were 
made by Mr. Edward G. Enns and Mr. Weldon B. Lewis on behalf 
of Fort Pierce Port and Airport Authority. 

Motion was made by Mr. Christian, seconded by Mr. O'Malley and 
passed without objection, that the Trustees approve the 
permit and waive payment for the material dredged in channel 
maintenance by this public agency in consideration of the peculiar 
circumstances and beach erosion problem. 



•12- 



DADE COUNTY 



Proposed Settlement 
(April 10, 1973) 



Case No. 69-5258 



APPLICANT: Interama 

Post Office Box 4628 
Miami Lakes, Florida 33014 

PROJECT: Interama has offered to convey a strip of mangrove 
land on the easterly side of the Interama Center to 
the Board of Trustees as consideration for the 
$173,000 owed to the Board. This conveyance will 
contain a reverter clause and will be subject to 
reservations for utility and mass transportation 
easements . In exchange for the deed the Board of 
Trustees would stipulate to a settlement in the 
pending law suit styled as Interama vs. Florida 
National Bank and Trust Company, Case No. 69-5258, 
which is expected to be heard on May 3, 1973, at 
3:30 p.m., Judge Jack Falk's Division, Circuit Court 
of Dade County. 

LOCATION: Part of Sections 14, 15 and 23, Township 52 South, 
Range 42 East, Dade County. 



April 17, 1973 



363 



STAFF 

REMARKS: Representatives of the environmental agencies have 

reviewed this proposed settlement and have indicated 
that acceptance by the Board of Trustees is the best 
way to protect this valuable strip of mangrove land. 

Staff recommends that the offer by Interama to convey the strip 
of mangrove lands be accepted as satisfaction of the $173,000 
debt owed the Board of Trustees and that the Trustees stipulate 
to a settlement in the pending law suit, Case Number 69-5258 , 
Circuit Court of Dade County . 

ACTION OF THE TRUSTEES: 

At the Director's request the location shown on the agenda was 
corrected to "Part of Sections 14, 15 and 23, Township 52 South, 
Range 42 East, Dade County." 

Mr. Elton J. Gissendanner , Chairman of Interama, present at the 
meeting, was thanked for this settlement of a long-standing debt 
and law suit. 

On motion by Mr. Christian, seconded by Mr. Shevin and passed 
with Mr. O'Malley voting in the negative, the staff recommendation 
was approved as the action of the Board. 



-13- 

BROWARD COUNTY - Artificial Reef Time Extension, 
Permit No. 2329 
(December 27, 1972) 

APPLICANT: Broward Artificial Reef, Inc. 
c/o G. E. Hartwig 
220 Southeast Twelfth Street 
Fort Lauderdale, Florida 33316 

PROJECT: To extend Artificial Reef Permit No. 2329 for three 
years . 

LOCATION: 1,800 yards offshore from and parallel to Fort 

Lauderdale beaches. Water depths in the reef area 
average 60 to 70 feet Mean Low Water. 

MATERIAL: Automobile tires compressed and packed into units of 
12 to 15 tires each. 



PAYMENT : 



Not applicable. 



STAFF 
REMARKS: 



Field Operations Division has no objection to time 
extension of the artificial reef permit. 



ECOLOGICAL 
RESPONSES : 



Department of Natural Resources - This project should 
not have significant adverse effects on marine biological 
resources. 



Game and Fresh Water Fish Commission - This agency has 
no objection to the time extension. 

Department of Pollution Control - This department has 
no objection to the time extension. 

Staff recommends extension of Artificial Reef Permit No. 2329 for 
three years . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Christian, seconded by Mr. Conner and passed 
without objection, the Board approved extension of the artificial 
reef permit for three years . 



April 17, 1973 



364 



-14- 



BROWARD COUNTY - Fill and Construction Permit No. 06-39-0380 
(February 7, 1973) 

APPLICANT: Luis J. Echarte 

c/o McLaughlin Engineering Co. 

400 NE Third Avenue 

Ft. Lauderdale, Florida 33301 

PROJECT: To construct a bulkhead to fill a gap between existing 
bulkheads. 

LOCATION: Section 1, Township 49 South, Range 42 East, 
Old Pompano Canal, Broward County. 

MATERIAL: Approximately 150 cubic yards of fill will be hauled 
in. 



PAYMENT : 



Not applicable, 



STAFF 
REMARKS: 



Field Operations Division has no objection to the 
proposed seawall provided fill is trucked in after 
completion of the seawall. 



ECOLOGICAL 
RESPONSES : 



Department of Natural Resources - The placement of 
this bulkhead should not have significant adverse 
effects on marine biological resources. 



Game and Fresh Water Fish Commission 
the Department of Natural Resources. 



Deferred to 



Department of Pollution Control - This department has 
no objection to the proposed project. 

Staff recommends issuance of Permit No. 06-39-0380. 

ACTION OF THE TRUSTEES: 

On motion by Mr. Christian, seconded by Mr. O'Malley and passed 
without objection, the Board approved issuance of Permit No. 
06-39-0380. 



-15- 

DUVAL COUNTY - Fill Permit No. 16-11-0253 
(January 22, 1973) 



APPLICANT : 



PROJECT : 
LOCATION : 

MATERIAL : 

PAYMENT : 

STAFF 
REMARKS: 



ECOLOGICAL 
RESPONSES : 



City of Jacksonville 

c/o Ken MacLean 

101 East Adams Street 

Jacksonville, Florida 32202 

To construct a boat ramp and pier in Fishing Creek. 

Section 42, Township 35 South, Range 26 East, 
Fishing Creek, Duval County. 

Not applicable. 

Not applicable. 



Field Operations has no objection to the proposed 
project. 



Department of Natural Resources - The revised plan 
should have only limited adverse effects on aquatic 
biological resources. Runoff from the proposed park- 
ing lot should be passed over a vegetated span of land 
between the lot and the creek or passed through a 
settling basin to remove silt and other sediments. 



April 17, 1973 



365 



Game and Fresh Water Fish Commission - This agency 
has no objection to the proposed project. 

Department of Pollution Control - This department 
has no objection to the proposed project. 

Staff recommends approval of Permit No. 16-11-0253 subject to the 
stipulations of the Department of Natural Resources . 

ACTION OF THE TRUSTEES: 

On motion by Mr. O'Malley, seconded by Mr. Conner and passed 
without objection, the Board approved issuance of the permit 
subject to the stipulations recommended by the environmental 
agency. 



-16- 

DUVAL COUNTY - Extension of Dredge Permit No. 253.123-535 

APPLICANT: Jacksonville Shipyards, Inc. 
Post Office Box 2347 
Jacksonville, Florida 

PROJECT: To conduct maintenance dredging previously authorized 
under Permit No. 253.123-535 which will expire on 
April 24, 1973. Spoil is to be deposited in the open 
water spoil area at Grassy Point. The applicant has 
not yet obtained a Corps of Engineers permit nor done 
the work. A 90-day extension of the State Permit is 
requested. 

LOCATION: Township 2 South, Range 26 East, St. Johns River, 
Duval County . 



STAFF 
REMARKS: 



Staff is recommending this permit extension, but 
reaffirming the Trustees' position that no spoiling 
will be authorized in the open water spoil area at 
Grassy Point after December 31, 1973. 



Staff recommends extension of Permit No. 
of 90 days . 



253.123-535 for a period 



ACTION OF THE TRUSTEES: 

On motion by Mr. O'Malley, seconded by Mr. Christian and passed 
without objection, extension of the permit for 90 days was approved. 



-17- 

ESCAMBIA COUNTY - Construction Permit No. 17-39-0471 
(February 14, 1973) 

APPLICANT: City of Pensacola 

c/o Col. Richard V. Hale, Port Manager 
Post Office Box 889 
Pensacola, Florida 32502 

PROJECT: To replace a deteriorated timber bulkhead and wharf. 

LOCATION: Township 2 South, Range 30 West, Pensacola Bay, 
Escambia County. 



MATERIAL: 
PAYMENT : 



Not applicable. 
Not applicable. 



STAFF 
REMARKS: 



Field Operations Division has no objection to the 
proposed work. 



April 17, 1973 



366 



ECOLOGICAL 

RESPONSES: Department of Natural Resources - This project should 

not have significant adverse effects on marine 

biological resources. 

Game and Fresh Water Fish Commission - Deferred to 
Department of Natural Resources. 

Department of Pollution Control - This agency has no 
objection to the proposed project. 

Staff recommends issuance of Construction Permit No. 17-39-0471 . 

ACTION OF THE TRUSTEES : 

On motion by Mr. O'Malley, seconded by Mr. Conner and passed 
without objection, the Trustees approved issuance of the permit. 



-18 and 19- 

GILCHRIST COUNTY - Fill Permits and Seawall Construction 

18. FILL PERMIT NO. 21-39-0206E (March 19, 1973) 

APPLICANT: Eli Read 

Post Office Box 67 
Trenton, Florida 32693 



19. 



FILL PERMIT NO. 21-39-0649E 



APPLICANT: W. F. Powers 

Post Office Box 1311 
Clearwater, Florida 33517 

PROJECT: To construct a vertical, corrugated asbestos seawall 
and place fill behind the wall. 

LOCATION: Section 25, Township 9 South, Range 13 East, 
Suwannee River, Gilchrist County. 

MATERIAL: Not applicable. 

PAYMENT: Not applicable. 

STAFF 

REMARKS: The applicant started construction of a corrugated 
asbestos seawall and was asked to cease work by the 
Trustees' Field Operations Divison. The staff con- 
ducted a survey which showed the seawall location to 
be below the average high water line of the Suwannee 
River. The applicants have applied to complete the seawall 
under the Trustees' Exemption Rule. The Field Operations 
Division recommends denial of the application and, 
further, that the applicants reapply for a sloping riprap 
bulkhead at the existing shoreline. 

Staff recommends denial of Application Nos . 21-39-060E and 
21-39-0649E, and that the staff be authorized to seek removal 
of that portion of the seawall previously constructed. 

ACTION OF THE TRUSTEES : 

Mr. Kuperberg exhibited a survey map of the two adjacent properties, 
pointing out that the new seawall was riverward of two old 
seawalls. He said the new construction was on the bottoms of 
the river below the ordinary high water mark according to 
information from the Department of Natural Resources, the 
Corps of Engineers and the staff survey. Apparently the 
applicants had made an honest mistake but the staff did not 
feel it could recommend a permit that far riverward and hoped 
to protect the Suwannee River from vertical seawalls such as 
had affected the Miami River. 



April 17, 1973 



367 



Mr. O'Malley said he needed to see pictures of the properties 
adjoining the subject area and suggested deferral for obtaining 
an aerial photograph. 

Mr. Eli Read, exhibiting pictures and answering questions, 
emphasized need for the seawall to protect a house now 
only three feet from the washout and affirmed that the seawall 
was constructed within their ownership as described by govern- 
ment survey deed and four feet landward of the water's 
edge when they began construction. 

Mr. W. F. Powers, adjacent applicant, told of trying to protect 
a 200-year old tree on the washed-out bank and he and 
Mr. Read objected that riprap was not suitable, that it had been 
tried at the Hart Springs Park and had to be changed to vertical 
seawall to protect that property. 

On motion by Mr. O'Malley, seconded by Mr. Christian and passed 
without objection, the Trustees overruled the staff recommenda- 
tion and granted permits for the seawall construction as requested 
by these two applicants. 



-20- 

PALM BEACH COUNTY - Dredge Permit No. 50-22-0446 
(February 7, 1973) 

APPLICANT: Department of Transportation 
Haydon Burns Building 
Tallahassee, Florida 

PROJECT: To construct two outfalls to direct drainage 
from 1-95 into Lake Osborne. 



LOCATION: 



Section 28, Township 44 South, Range 43 East, Lake 
Osborne, Palm Beach County. 



MATERIAL: Total of 90 cubic yards of material removed below 
the line of mean high water, 55 cubic yards from 
outfall No. 1 and 33 cubic yards from Outfall No. 2 
to be placed on adjacent Department right of way. 



PAYMENT : 



Not applicable, 
lands . 



Material to be placed on state-owned 



STAFF 
REMARKS : 



Field Operations Division has no objection to this 
project provided both Department of Natural Resources 
and Department of Pollution Control approve. 



ECOLOGICAL 
RESPONSES: 



Department of Natural Resources 
and Fresh Water Fish Commission. 



Deferred to Game 



Game and Fresh Water Fish Commission - Roadway runoff 
is known to contain various pollutants. Therefore, 
in order to minimize the entrance of roadway con- 
taminants into the lake , roadway drainage should be 
directed over grass areas or passed through sand filters. 

Department of Pollution Control - Certification will 
not be required for the subject project, but the 
applicant is cautioned that any discharge that would 
directly or indirectly affect water quality in the 
adjacent waterway in such a manner as to exceed the 
limitations of various constituents for such waters, 
as prescribed in Chapter 17-3, Florida Administrative 
Code, is a violation of the water quality standards of 
the State of Florida. 

Staff recommends approval of Permit No. 50-22-0446, subject to the 
stipulations of the Florida Game and Fresh Water Fish Commission 
and the Department of Pollution Control . 



April 17, 1973 



368 



ACTION OF THE TRUSTEES: 

Mr. Christian made a motion to approve the staff recommendation 
and accepted Mr. O'Malley's amendment to include the requirement 
that the Department of Transportation use grass beds in conjunc- 
tion with a settling pond to prevent further degradation of the 
lake waters. With this amendment, Mr. O'Malley seconded the 
motion. 

Mr. Tom Russo, engineer of rights of way for the Department 
of Transportation, stated that the department did respond to 
the Game and Fresh Water Fish Commission and indicated that the 
roadway runoff will be directed over grass areas prior to being 
drained into Lake Osborne. On February 1, 1973, the Commission 
removed its objections by letter. 

Mr. O'Malley said the inclusion of the settling pond with 
the grassy beds was consistent with the Board's policy to 
prevent further degradation of fresh water bodies, if possible. 

On the motion as amended and passed without objection, the 
Trustees accepted the staff recommendation for approval of the 
permit with the additional requirement that the water be 
flushed not only across grass beds but also through a settling 
pond before draining into Lake Osborne. 

Governor Askew stated that runoff waters should be treated by 
directing roadway drainage over grass areas and sand filters to 
remove pollutants. 



-21- 
ST. LUCIE COUNTY - Dredge Permit No. 253.123-1118 
(Revised January 29, 1973) 

APPLICANT: Bryn Mawr Group, Inc. 

2755 East Oakland Park Avenue 
Ft. Lauderdale, Florida 33306 

PROJECT: To dredge a marina channel in an existing 5-foot 
deep upland boat basin and connect it to the 
Indian River by two 50-foot wide, 5-foot deep channels. 

LOCATION: Section 10, Township 34 South, Range 40 East, Indian 
River, St. Lucie County. 

MATERIAL: 2,970 cubic yards to be removed from applicant's 
upland. 



PAYMENT : 



Not applicable, 
involved. 



State-owned submerged lands not 



STAFF 
REMARKS: 



No objection provided the shoreline between the 
upland excavation and the Indian River will remain 
in its natural state as stipulated by applicant. 



ECOLOGICAL 
RESPONSES: 



Department of Natural Resources - To compensate for 
the elimination of red mangroves, the applicant 
should remove the fill (dike) placed along the 
west side of the marina basin, thereby expanding 
the tidal zone and providing substrate for red 
mangrove growth. 

Game and Fresh Water Fish Commission - No objection 
provided: (1) Spoil and debris placed along the 
shoreline of section A-A during construction of the 
upland boat basin be pulled back away from the vege- 
tation line and be graded into a gradual slope; 
(2) To improve water quality conditions and provide 
for the establishment of a biologically productive 
area within the basin, we recommend that an intertidal 
berm approximately 15 feet wide be established along 



April 17, 1973 



369 



the inner shore of section A-A. This berm should be 
planted with red mangroves or other appropriate aquatic 
vegetation. Dockage could be provided waterward of this 
berm with access to the land by walkways. 

Department of Pollution Control - No objection. 

OTHERS: The applicant agrees to comply with the recommendation 
of the Department of Natural Resources and the Game 
and Fresh Water Fish Commission. In addition, he 
agrees to remove the dike on the westward shore of the 
marina basin and to slope this shore to provide the 15 
foot berm recommended by the Game and Fresh Water Fish 
Commission. 

Staff recommends approval of Permit No. 253.123-1118 su bject 
to the stipulations of the .environmental agencies. 

ACTION OF THE TRUSTEES: 

On motion by Mr. Stone, seconded by Mr. O'Malley and passed 
without objection, the staff recommendation was accepted as 
the action of the Board. 



-22- 

SANTA ROSA COUNTY - Construction Permit No. 57-39-0610 
(November 2, 1972) 

APPLICANT: Robert D. Hinson 

216 South Tarragona Street 
Pensacola, Florida 32501 



PROJECT : 

LOCATION: 

MATERIAL: 
PAYMENT : 



To construct four groins 140 feet long perpendicular 
to the shoreline. 

Section 10, Township 1 South, Range 2 8 West, Escambia 
Bay, Santa Rosa County. 

Not applicable. 

Not applicable. 



STAFF 
REMARKS : 



Field Operations Division has no objection to the 
construction of the groins. 



ECOLOGICAL c _ , 

RESPONSES: Department of Natural Resources - Bureau of Beaches 

and Shores - It is recommended that the height of the 
proposed groins be no more than two feet above the 
existing grade over the entire length of the groins. 

Survey and Management - The construction should not 
have significant adverse effects on marine biological 
resources . 

Game and Fresh Water Fish Commission - This agency has 
no objection to the proposed project. 

Department of Pollution Control - Not applicable. 

Staff recommends issuance of Permi t No. 57-39-0610 subject to the 
stipulation of the Bureau of Beaches and Shores. 

ACTION OF THE TRUSTEES: 

On motion by Mr. Stone, seconded by Mr. O'Malley and passed 
without objection, the staff recommendation was accepted as 
the action of the Board. 



April 17, 1973 



370 



•23- 



VOLUSIA COUNTY - Fill Permit No. 64-12-0070 
(August 14, 1972) 

APPLICANT: C. T. Householder 

c/o Stepp and Upham 
137 Sunrise Boulevard 
Daytona Beach, Florida 32018 

PROJECT: To reclaim a strip of land 106 feet in length and 
extending 12-18 feet offshore from mean high water 
line by constructing a vertical wall connecting to 
existing seawall. Riprap will be placed along the 
waterward side of the wall. 

LOCATION: Government Lot 2, Section 28, Township 13 South, Range 
32 East, Volusia County. 

MATERIAL: No dredging required. Fill material only back of wall. 
PAYMENT : None . 



STAFF 
REMARKS : 



Field Operations Division recommends issuance of the 
permit . 



ECOLOGICAL 
RESPONSES: 



Department of Natural Resources - "To partially com- 
pensate for productive aquatic habitat that would be 
lost by the proposed location of the seawall, riprap 
should be placed along the waterward side of the sea- 
wall. " 

Game and Fresh Water Fish Commission - "Because of 
the highly productive nature of this area, we recommend 
that riprap be used instead of a concrete vertical 
seawall and that it be placed landward of the mean 
high water line. Absolutely no spoil should be placed 
below this line. It is our opinion that environmental 
damage will be minimal if these stipulations are fol- 
lowed. If these are acceptable to the applicant, we 
recommend that a permit be issued." 

Department of Pollution Control - No objection. 



City of Ormond Beach issued construction permit 
June 30, 1972. 



OTHERS : 

Staff recommends issuance of Permit No. 64-12-0070 



ACTION OF THE TRUSTEES: 

On motion by Mr. Stone, seconded by Mr. O'Malley and passed 
without objection, the staff recommendation was accepted 
as the action of the Board. 



-24- 

VOLUSIA COUNTY - Fill Permit No. 64-14-0294 
(December 8, 1972) 

APPLICANT: Harry F. Bartholomew 
9 30 Lemon Road 
South Daytona, Florida 32019 

PROJECT: To construct a bulkhead 100 feet long, along an 

existing canal connecting existing bulkhead, and to 
backfill tidal bottoms landward of the proposed 
bulkhead. 

LOCATION: Section 8, Township 17 South, Range 34 South, 
Canal Calore , Volusia County. 

MATERIAL: Not applicable. 



April 17, 1973 



371 



PAYMENT : 



Not applicable. 



STAFF 
REMARKS : 



Field Operations Division recommends approval of 
the proposed project. 



ECOLOGICAL 

RESPONSES: Department of Natural Resources - Although the pro- 
posed bulkhead and fill area is relatively small, 
the cumulative effect of such projects throughout 
the state constitutes a substantial loss of estuarine 
habitat. To conserve shallow bottoms and tidal 
vegetation, the proposed seawall should be relocated 
to coincide more closely with the existing mean high 
water line . 

Game and Fresh Water Fish Commission - This agency 
has no objection to the project. 

Department of Pollution Control - It is the recommenda- 
tion of this department that the proposed bulkhead be 
of a sloping rip-rap type and tie into the existing 
bulkhead. Upon receipt of revised drawings, the 
application will be processed accordingly. 

NOTE: The applicant was advised of the Department of Natural 
Resources and the Department of Pollution Control 
recommendations. He has requested that the application 
be presented for consideration as originally submitted. 

Staff recommends approval of Permit No. 64-14-0294 with riprap 
to be placed along waterward face of the seawall . 

ACTION OF THE TRUSTEES: 

Motion was made by Mr. Stone on the basis of sloping riprap 
tied into the existing bulkhead. Mr. Christian seconded the 
motion. 

Without objection, the motion passed. 



-25- 



VOLUSIA COUNTY 



Fill Permit No. 64-13-0302 
(December 15, 1972) 



APPLICANT: 



PROJECT : 



LOCATION: 

MATERIAL: 

PAYMENT : 

STAFF 
REMARKS: 



Georges C. St. Laurent 
200 Marvin Avenue 
Longwood, Florida 32750 

To construct a bulkhead approximately 133 feet long, 
replacing a collapsed bulkhead and connect with 
existing bulkheads, and to repair an existing 
concrete pier. 

Section 12, Township 12 South, Range 31 East, 
Intracoastal Waterway, Flagler County. 

Not applicable. 

Not applicable. 



Field Operations Division has no objection, as there 
is a serious erosion problem and there will be minimal 
environmental consequences. 



ECOLOGICAL 
RESPONSES: 



Department of Natural Resources - The proposed bulkhead 
construction should not significantly affect biological 
resources in Indian River North. Rubble riprap placed 
on the waterward side of the bulkhead would help dissipate 
wave energy and provide better habitat for marine life 
than would a vertical seawall. 



April 17, 1973 



372 



Game and Fresh Water Fish Commission - This agency has 
no objection to the proposed project. 

Department of Pollution Control - This department has 
no objection to the proposed project. 

NOTE: The applicant has agreed to construct his bulkhead 

of riprap or to place riprap along the waterward side 
of the wall. 

Staff recommends issuance of Fill Permit No. 64-13-0302 provided 
riprap is placed along the waterward side of the seawall or the 
seawall is' of riprap construction. 

ACTION OF THE TRUSTEES : 

On motion by Mr. Stone, seconded by Mr. O'Malley and passed 
without objection, the staff recommendation was approved as 
the action of the Board. 



-26- 

VOLUSIA COUNTY - Marina License and Construction Permit 
No. 64-30-0350 

(January 15, 1973) 

APPLICANT: Indian River Prestressed Concrete 
c/o Gregg, Gibson & Gregg, Inc. 
Post Office Box 7, Oak Hill, Florida 32759 

PROJECT: To construct a 228 foot concrete loading and unloading 
pier. 

LOCATION: Sections 13 and 14, Township 18 South, Range 34 East, 
Indian River, Volusia County. 

MATERIAL: Not applicable. 

PAYMENT: $182 annual fee. 

STAFF 

REMARKS: Field Operations Division has no objection to the 

proposed project. 

ECOLOGICAL 

RESPONSES: Department of Natural Resources - The proposed pier 

construction should not significantly affect marine 

biological resources. 

Game and Fresh Water Fish Commission - This agency 
has no objection to the proposed project. 

Department of Pollution Control - This department has 
no objection to the project. 

Staff recommends issuance of Marina License and Construction 
Permit No. 64-30-0350 . 

ACTION OF THE TRUSTEES : 

On motion by Mr. Stone, seconded by Mr. O'Malley and passed 
without objection, the staff recommendation was approved as 
the action of the Board. 



-27- 

DUVAL COUNTY - Marina License and Construction Permit 
No. 16-30-0374 
(January 17, 1973) 

APPLICANT: Ortega Development Company 

c/o Waverly J. Ray and Associates 

38 East 17 Street, Jacksonville, Florida 32210 



April 17, 1973 



373 



PROJECT: 

LOCATION : 

MATERIAL: 

PAYMENT : 

STAFF 
REMARKS : 



To construct two T-shaped piers, each extending 
207 feet into the Cedar River. 

Section 42, Township 3 South, Range 26 East, 
Cedar River, Duval County. 

Not applicable. 

$100 minimum annual fee. 

Field Operations Division has no objection to this 
proposed project. 



ECOLOGICAL , , 

RESPONSES: Department of Natural Resources - The construction of 
the proposed docks and piers should not have signifi- 
cant adverse effects on marine biological resources 
in the river. 

Game and Fresh Water Fish Commission - This agency 
has no objections to the proposed project. 

Department of Pollution Control - This department 
has no objections to the proposed project. 

Staff recommends issuance of Marina License a nd Construction 
Permit No. 16-30-0374 . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Stone, seconded by Mr. O'Malley and passed 
without objection, the staff recommendation was approved as 
the action of the Board. 



DUVAL COUNTY 



-28- 

Marina License and Construction Permit 
No. 16-30-0388 
(February 6, 1973) 



APPLICANT: Mathias Roland 

c/o Harbor Engineering Company 
1615 Huffingham Lane 
Jacksonville, Florida 32216 



PROJECT: 

LOCATION; 

MATERIAL 

PAYMENT : 

STAFF 
REMARKS : 



To construct approximately 2 85 lineal feet of dock 
from an existing seawall. 

Section 38, Township 1 South, Range 29 East, Mayport 
St. Johns River, Duval County. 

Not applicable. 

$189.88 annual fee. 

Field Operations Division has no objection to the 
proposed dock. 



ECOLOGICAL 
RESPONSES: 



Department of Natural Resources 
has no objection. 



This department 
Deferred to 



Game and Fresh Water Fish Commission 
Department of Natural Resources. 

Department of Pollution Control - This department 
has no objection. 

Staff recommends issuance of Marina License and Cons truction 
Permit No. 16-30-0388. 



April 17, 1973 



374 



ACTION OF THE TRUSTEES : 

On motion by Mr. Stone, seconded by Mr. O'Malley and passed 
without objection, the staff recommendation was approved as 
the action of the Board. 

Responding to the Attorney General's inquiry about changing 
the marina schedule, Mr. Kuperberg said he received a copy 
of the proposed new marina rules on April 14, was concerned 
about a complicated procedural portion that might place quite 
a burden on the staff, and when Mr. Sherman Weiss, staff 
counsel, was able to return to work after -being in the 
hospital, Mr. Kuperberg felt sure the new rules would soon be 
ready for consideration by the Trustees. 



-29- 

MARINA LICENSE RENEWALS 

Requests have been submitted for renewal of the following 
marina licenses and construction permit: 

1. LEE COUNTY - Marina License Renewal and Extension of Con- 
struction Permit No. ML-88 (February 9, 1973) 

U. S. Department of the Interior 
Bureau of Sport Fisheries and Wildlife 
Peachtree - Seventh Building 
Atlanta, Georgia 30323 

To renew ML-8 8 for one year and extend Construction Permit 
2145 for one year. 

Section 21, Township 46 South, Range 23 East, San Carlos 
Bay at Point Ybel, Lee County. 

Since the permit has expired and no work has been done , 
Field Operations Division recommends extension of the 
permit. 

Staff recommends renewal of ML-8 8 and one-year extension 
of CP-2145 with waiver of the fee . 

2. DADE COUNTY - Marina License Renewal No. ML-10 7 

(February 5, 1973) 

Metropolitan Dade County 
c/o Public Works Department 
50 Southwest 32 Road 
Miami, Florida 33129 

To renew ML-107 for one year. 

Section 23, Township 52 South, Range 42 East, Haulover 
Beach Park marina, Dade County. 

Field Operations Division reports that the work was com- 
pleted in accordance with the permit. 

Staff recommends renewal of ML-107 with waiver of the fee . 

3. OKALOOSA COUNTY - Marina License Renewal No. ML-118 

(March 5, 1973) 

American Marine Repair Facilities, Inc. 

330 Racetrack Road 

Fort Walton Beach, Florida 

To renew ML-118 for one year. 

Township 2 South, Range 2 3 West, Joe's Bayou, Okaloosa County 

$100 minimum annual fee received. 



April 17, 1973 



375 



Field Operations Division has no objection to the marina 
license being renewed. 

Staff recommends renewal of ML-118 for one year . 

4. VOLUSIA COUNTY - Marina License Renewal No. ML-109 

(February 26, 1973) 

Daniel Amster and Ralph Antonelli 
137 Sunrise Boulevard 
Daytona Beach, Florida 

To renew ML-109 for one year. 

Section 37, Township 15 South, Range 33 East, Halifax River, 
Volusia County. 

$100 minimum annual fee received. 

Field Operations Division reports that the construction was 
carried out in accordance with the approved plans. 

Staff recommends renewal of ML-109 for one year . 

5. PINELLAS COUNTY - Marina License Renewal No. ML-23 and 

Change of Title (April 2, 1973) 

Stowaway Marina, Inc., c/o John T. Ware 

55 Fifth Street, South 

St. Petersburg, Florida 33701 

To renew ML-2 3 for one year and change the title from 
Stowaway Marina, Inc., to Stowaway Cove Corporation. 

Section 25, Township 31 South, Range 15 East, Boca Ciega 
Bay, Pinellas County. 

$200 submitted for delinquent annual fee for 1972 and 
this year's annual fee. 

Field Operations Division reports that construction 
was carried out as stipulated in the original permit. 

Staff recommends renewal of ML-2 3 for one year and approval 
of change of title to Stowaway Cove Corporation . 

ACTION OF THE TRUSTEES: 

On motion by Mr. O'Malley, seconded by Mr. Christian and passed 
without objection, the Board approved the five requests for 
renewal of marina licenses (and construction permit extension 
in the first instance) and authorized renewal of each for one 
year. On the same motion the Board approved change of title as 
requested for License No. ML-23. 



-30- 

Public Hearing to incorporate emergency rules adopted February 6, 
1973, into the Florida Administrative Code as permanent rules 
governing time for submitting permit items for consideration of 
the Trustees, permit procedures, and exemptions from some of the 
procedures for projects below a certain size and cost. 

Pursuant to public notice published April 2, 1973, and copies of 
the proposed rules mailed to individuals requesting to be on 
the mailing list, in compliance with Chapter 120, Florida 
Statutes, hearing is to be given interested or affected parties 
prior to adoption of the permanent rules. The rules may be adopted 
with revisions after the hearing and filed with the office of the 
Secretary of State to become operative immediately upon filing. 
The emergency rules expire May 15, 1973, and permanent rules 
should be adopted no later than the first meeting in May. 



April 17, 1973 



376 



ACTION OF THE TRUSTEES: 

Mr. O'Malley made a motion, seconded by Mr. Stone, to adopt 
the rules. 

Mr. Larry Brown, representing Florida Engineering Society, 
said they had not received word of this hearing until two 
days ago and asked for delay until the next meeting of the 
Trustees. 

The Attorney General said that as the emergency rules were in 
effect until May 15, the public hearing could be held at the 
next meeting on May 1. 

Mr. Stone made a substitute motion, seconded by Mr. O'Malley 
and passed without objection, to reconsider and postpone action 
until the next meeting. 



-31- 

DIXIE COUNTY - Federal Surplus Property 

This is placed on an addendum at the request of the Governor. 

On February 6, 1973, the Board adopted a resolution for sub- 
mission to the United States Department of Health, Education and 
Welfare in support of the application by the Department of Health 
and Rehabilitative Services to acquire approximately 19.6 acres 
of surplus federal land at the Cross City Air Force Radar Station. 

Subsequently, the United States has made available as surplus 
22 buildings located at the Cross City Air Force Radar Station 
which the Department of Health and Rehabilitative Services has 
determined can be utilized by the Division of Corrections in 
converting a portion of this military installation into a minimum 
or medium custody institution to relieve the critical situation 
of inmate housing. The buildings are located on land which will 
be leased by the Department from Dixie County. 

Application by the Department must be submitted to the United 
States accompanied by a resolution executed by the Board of Trustees, 
designating Mr. Emmett Roberts, Secretary of the Department of 
Health and Rehabilitative Services, to act on behalf of the Board 
of Trustees in doing all things necessary to secure the transfer of 
these buildings to the state. 

Funds of the Trustees will not be involved in this transaction. 

Recommend execution of the resolution . 

ACTION OF THE TRUSTEES: 

Motion was made by Mr. Stone, seconded by Mr. Christian and 
Mr. O'Malley and passed without objection, approving execution 
of the resolution. 



-32- 

ESCAMBIA COUNTY - Dredge Permit No. 17-21-0470 
(February 14, 1973) 

APPLICANT: City of Pensacola 

c/o Col. R. V. Hale, Port Manager 
Post Office Box 889 
Pensacola, Florida 32502 

PROJECT: To dredge adjacent to the existing port facilities 
to restore original design depths and provide a 
barge basin. 

LOCATION: Township 2 South, Range 30 West, Pensacola Bay, 
Escambia County. 



April 17, 1973 



377 



MATERIAL: Approximately 60,000 cubic yards of material to be 

placed on spoil areas which are to be used for dredging 
the Inner Harbor and Approach Channels by the U. S. 
Government. 



PAYMENT ; 



Not applicable, 
land. 



Spoil to be placed on publicly-owned 



STAFF 
REMARKS: 



Field Operations: Recommends denial of the permit 
unless the applicant agrees to use an upland spoil 
site . 



ECOLOGICAL 

RESPONSES: Department of Natural Resources - To properly protect 
shallow, productive bottoms in the bay system, dredged 
spoil from the maintenance project should be placed 
on diked upland property or dumped within the offshore 
disposal area in the Gulf of Mexico. 

Game and Fresh Water Fish Commission - Deferred to 
the Department of Natural Resources. 

Department of Pollution Control - This department 
has no objection to the proposed dumping but will 
object to any additional spoiling in open water 
areas . 

Staff recommends approval of Permit No. 17-21-0470 subject to the 
use of an adequately-diked upland spoil site . 

ACTION OF THE TRUSTEES : 

On motion by Mr. Stone, seconded by Mr. O'Malley and passed 
without objection, the staff recommendation was approved as 
the action of the Trustees. 



On motion duly adopted, the meeting was ad jo 




GOVERNOR - CHAIRMAN 



ATTEST: 




******** 



Tallahassee, Florida 
May 1, 1973 



The Board of Trustees of the Internal Improvement Trust Fund 
met on this date in the Haydon Burns Auditorium with the 
following members present: 



Reubin O'D. Askew 
Richard (Dick) Stone 
Robert L. Shevin 
Fred O. Dickinson, Jr. 
Floyd T. Christian 
Doyle Conner 



Governor 

Secretary of State 

Attorney General 

Comptroller 

Commissioner of Education 

Commissioner of Agriculture 



Joel Kuperberg 



Executive Director 



-1- 

Without objection, the minutes of the meeting on April 4, 1973, 
were approved as submitted. 



May 1, 1973 



378 



-2- 



HOLMES COUNTY - Consideration of Oil and Gas Lease Bids 

APPLICANT: Sonat Exploration Company- 
Post Office Box 1513, Houston, Texas 77001 

REQUEST: Consideration of sealed oil and gas lease bids. 

LOCATION: Ponce de Leon State Park consisting of 370 surface 
acres and 276.56 net mineral acres in Sections 27 
and 34, Township 4 North, Range 17 West, Holmes 
County . 

INTEREST 

OF STATE: The Trustees hold title to this tract which is 
leased to Department of Natural Resources . All 
proceeds from the proposed lease will go to that 
department. 

The five-year lease requires an annual rental of $1 per net 
mineral acre, $50,000 surety bond, 1/6 royalty and at least 
one test well every 2h years, drilled to a depth of 6,000 feet 
or to a depth sufficient to test Jurassic sediments , whichever 
is deeper, accomplished by pooling as drilling on the leased 
property will be prohibited. 

On March 20, 1973, the Trustees authorized advertising the land 
for sealed bids. Invitation to bid was advertised pursuant to law 
in the Tallahassee Democrat and Holmes County Advertiser with bids 
to be opened at 10:00 a.m. (EDST) on May 1, 1973, for consideration 
by the Trustees. The right to reject any or all bids is reserved . 

Before lease can be issued, it is necessary to hold a public hearing 
to allow interested persons to be heard with respect to issuance 
of lease. The hearing is required by Section 253.52, Florida 
Statutes, when a lease area lies within a radius of three 
miles of the boundary of any incorporated city or town. The 
corporate boundary of Ponce de Leon lies within three miles 
of the lease area. 

Recommend that James T. Williams of the Trustees' staff be 
designated to conduct the public hearing pursuant to law and 
report to the Trustees the results of the hearing . 

ACTION OF THE TRUSTEES: 

Mr. James T. Williams of the Land Records Division of the 
Trustees' office reported that in response to the advertised 
call for bids, one bid was received. Sonat Exploration Company 
of Houston, Texas, bid $4,566.01 for the oil and gas drilling 
lease, which represents a bonus of $15.51 per acre. 

Mr. Williams advised that there will be no drilling allowed 
within the park. 

On motion by Mr. Christian, seconded by Mr. Stone and passed 
without objection, the Trustees received the bid from Sonat 
Exploration Company as the high bid and authorized the public 
hearing required by law. 



GULF COUNTY - Seismic Survey Permit 
(April 3, 1973) 

APPLICANT: Geophysical Service, Inc. 
New Orleans, Louisiana 

REQUEST: Permission to conduct a seismic survey using air 
gun method. No explosives will be used. 

LOCATION: Chipola River from Dead Lakes south to the 
Apalachicola River in Gulf County. 



May 1, 197 3 



379 



This survey will be conducted using several small boats and 
air guns as the energy source. 

The Department of Natural Resources, Division of Interior 
Resources and Game and Fresh Water Fish Commission have reviewed 
this request and offer no objections. 

Recommend issuance of permit . 

ACTION OF THE TRUSTEES : 

On motion by Mr. Stone, seconded by Mr. Christian and Mr. 
Dickinson, and passed without objection, the Trustees 
authorized issuance of the permit to Geophysical Service, Inc. 



-4- 

ESCAMBIA, SANTA ROSA AND OKALOOSA COUNTIES - Seismic Survey 

Permit 
(April 17, 1973) 

APPLICANT: Shoreline Geophysical Services, Inc. 
Houston, Texas 

REQUEST: Permission to conduct a seismic survey using air 
gun method. 

LOCATION: A portion of the Intracoastal Waterway in Pensacola 
Bay and a line through East Bay, Blackwater Bay, 
Blackwater River and Choctawhatchee Bay. 

The Department of Natural Resources has approved this proposed 
survey and has issued Permit No. 131 for the operation. 

Recommend issuance of permit . 

ACTION OF THE TRUSTEES : 

On motion by Mr. Stone, seconded by Mr. Christian and Mr. 
Dickinson, and passed without objection, the Trustees 
authorized issuance of the permit to Shoreline Geophysical 
Services, Inc. 



-5- 

HILLSBOROUGH COUNTY - Murphy Act Conveyance 
(April 13, 1973) 

APPLICANT: City of Plant City 

represented by Paul S. Buchman , City Attorney 
Post Office Box 5, Plant City, Florida 33566 

REQUEST: To purchase a parcel of land described as follows: 
East 52.5 feet of West 105 feet of Lot 1, Wedge 
Block Revised Map of Plant City, according to plat 
thereof recorded in Plat Book 1, Page 16 of the Public 
Records of Hillsborough County, Florida. 

OFFER: $1,600, value determined by staff appraiser. 

PURPOSE: Off street parking facility. 

Recommend issuance of a deed to the City of Plant City under Section 
197.350 (1) (b) , without advertisement and public sale, for the 
appraised price of $1,600 . 

ACTION OF THE TRUSTEES : 

On motion by Mr. Stone, seconded by Mr. Christian and Mr. 
Dickinson and passed without objection, the staff recommendation 
was approved as the action of the Board. 



May 1, 1973 



380 



•6- 



DADE COUNTY - Road Right of Way Easement 
(March 5, 1973) 



APPLICANT: 



REQUEST : 



PAYMENT : 



Department of Transportation 
Represented by J. E. Greiner Company, 
Tampa, Florida 



Inc. 



Easement across two parcels of land totaling 2.012 
acres in the northwest corner of the Florida Inter- 
national University for access ramp purposes to the 
Homestead Extension of the Florida Turnpike, Dade 
County. 

$32,200 approved by staff appraiser. 



The Board of Regents Facilities Committee on February 9, 1973, 
reviewed and approved the easement. 



Recommend issuance of the easement to the Department of Transpor- 
tation for public road purposes only . 



ACTION OF THE TRUSTEES: 

On motion by Mr. Stone, seconded by Mr. Christian and Mr. 
Dickinson and passed without objection, the Trustees authorized 
issuance of the easement for public road purposes only. 



-7- 

JACKSON COUNTY - Dedication for Sewage Treatment Facility 

APPLICANT: Town of Sneads 

REQUEST: Relocation of the 30-acre site dedicated by the 
Trustees on February 20, 1973, to the Town of 
Sneads for a sewage treatment facility on lands 
of the Apalachee Correctional Institution. 

LOCATION: New location is the East 1,279.5 feet of the 

North 1,062.88 feet of the NW% of SE^ of Section 
35, Township 4 North, Range 7 West, Jackson County, 
containing 31.22 acres on lands of the Apalachee 
Correctional Institution. 

Following approval by the Board of Trustees on February 20 of 
a 30-acre site in Section 3, Township 3 North, Range 7 West, 
adjoining property owners objected to this location of a 
treatment facility fearing it would depreciate the value of 
their property. 

The Department of Pollution Control has reviewed and recommends 
the new site location as acceptable for present and future needs. 
The Department of Health and Rehabilitative Services has approved 
the new site. No objections to this site have been received by 
the Town or the Department. 

Recommend amending the Trustees ' action on February 20 as to 

the location of the treatment facility by substituting the 

31.22-acre site in Section 35, Township 4 North, Range 7 West, 
Jackson County, for the formerly approved site . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Shevin, seconded by Mr. Christian and Mr. Stone, 
and passed without objection, the staff ■ recommendation was 
approved as the action of the Trustees. 



-8- 



POLK COUNTY 



Electric Power Line Easement 



APPLICANT: Florida Power Corporation 
St. Petersburg, Florida 



May 1, 1973 



381 



REQUEST: Easement to improve electric service to the Frostproof 
Fire Tower Site of the Department of Agriculture and 
Consumer Services, Division of Forestry. 

LOCATION: A seven-foot wide easement across the west 15 feet and 
north 10 feet of the west 75 feet of the south 238.71 
feet of the west 208.71 feet of the SWJj of SW% of 
Section 35, Township 31 South, Range 27 East, less the 
south 30 feet, Polk County. 

The Division of Forestry has reviewed and approved the issuance of 

the easement requested. 

Recommend issuance of easement for electric distribution purposes 
only. 

ACTION OF THE TRUSTEES : 

On motion by Mr. Shevin , seconded by Mr. Christian and Mr. Stone, 
and passed without objection, the Trustees authorized issuance 
of the easement to Florida Power Corporation for electric 
distribution purposes only. 



-9- 

PATENTS, COPYRIGHTS AND TRADEMARKS - State Department of 

Education 
(This matter also appears on the Board of Education agenda 
this date. ) 

APPLICANT: Division of Vocational, Technical and Adult 
Education 
State Department of Education 

REQUEST: Execution of a proposed contract with Education 
Achievement Corporation, a Texas corporation 
located at Waco, Texas, for the purpose of 
publishing certain educational material. 

The P. K. Yonge Laboratory School, University of Florida, has 
developed a set of instructional materials called The Values 
Approach to Career Education under a special grant with the 
Vocational Education Division. 

It is the desire of the Department of Education to publish and 
distribute this material to all school districts in Florida by 
September 1973. The University of Florida Press cannot perform 
this service. The Department of Education therefore desires 
to publish through a commercial firm. Complete bidding procedures 
for publications have been followed. Commissioner of Education 
Floyd Christian appointed a proposal review team to review 
publishers and recommend one which would be most satisfactory to 
the state. Education Achievement Corporation was the unanimous 
choice of the review team. 

Under the proposed contract the state would receive a 6% royalty 
of the net selling price of all copies of the material published, 
plus 95 sets of the instructional materials. Copyright would be 
assigned to Education Achievement Corporation as the publisher. 

Staff legal counsel has reviewed the proposed contract and 
advises that there is no legal impediment to its execution by 
the Trustees in the exercise of powers granted them by Chapter 286, 
Florida Statutes. 

Recommend execution of proposed contract with Education Achieve- 
ment Corporation if approved by the Board of Education . 

ACTION OF THE TRUSTEES : 

On motion by Mr. Shevin, seconded by Mr. Christian and passed with- 
out objection, the Trustees approved execution of the proposed 
contract that had been approved on this date by the Board of 
Education. 



May 1, 19 7 3 



382 



-10- 



PALM BEACH COUNTY - Assignment of Lease No. ML-3C 
(April 18, 1973) 

APPLICANT : Old Port Cove Marina 

Post Office Box 2201, Palm Beach, Florida 33480 

PROJECT: To assign Lease No. ML-3C, previously issued to Old 
Port Cove Marina, to the Greater Florida Investment 
Company and Acer Holdings Limited. 

LOCATION: Section 9, Township 42 South, Range 43 East, Palm 
Beach County. 

Staff recommends assignment of Lease No. ML-3C to the Greater 
Florida Investment Company and Acer Holdings Limited . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Shevin, seconded by Mr. Christian and passed 
without objection, the Trustees approved the lease assignment. 



-11- 

ESCAMBIA COUNTY - Right of Way Easement File No. 2497-17-253.03 
(March 26, 1973) 

APPLICANT: Department of Transportation 
Haydon Burns Building 
Tallahassee, Florida 32304 

PROJECT: Highway and bridge construction for State Road 95. 
Plans have been revised and no dredging or filling 
of submerged land is required. 

LOCATION: 1.36-acre parcel of sovereignty land in Pine Barren 
Creek in Sections 2 and 15, Township 3 North, Range 
31 West, Escambia County. 

PAYMENT : None . 



ECOLOGICAL 
RESPONSES: 



Department of Natural Resources - Deferred comments to 
Game and Fresh Water Fish Commission. 



Game and Fresh Water Fish Commission - No objection. 

Department of Pollution Control - No objection. 

Staff requests authority to issue the right of way easement . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Shevin, seconded by Mr. Christian and passed without 
objection, the Trustees approved issuance of the right of way 
easement to the Department of Transportation. 



-12- 

PALM BEACH COUNTY - Fill Permit No. 253.124-235. 

At the request of the Governor's office, the Trustees deferred 
consideration of the application of William E. Benjamin, II, 
for permission to fill three submerged land areas and construct 
riprap seawalls in Section 10, Township 45 South, Range 43 
East, Lake Worth, Palm Beach County. 



-13- 



PALM BEACH COUNTY - Fill Permit No. 253.124-305 
(October 25, 1969) 



May 1, 1973 



383 



APPLICANT: City of Lake Worth 

c/o Raphael Steinhardt 
1896 79th Street Causeway 
Miami, Florida 33141 

PROJECT: To fill a parcel of submerged land 275 feet by 400 
feet lying west of State Road A-I-A and South of 
the South right-of-way line of State Road 802. 

LOCATION: Sections 26 and 27, Township 44 South, Range 43 East, 
Lake Worth, Florida, Palm Beach County. 

MATERIAL: 36,200 cubic yards of fill to be hauled in. 

PAYMENT : Not app 1 i c ab le . 



STAFF 
REMARKS : 



Field Operations recommends that the permit be denied. 



ECOLOGICAL 

RESPONSES: Department of Natural Resources - The proposed project 
is not in the best interests of conservation and would 
have adverse effects on the marine life of the area. 

Game and Fresh Water Fish Commission - Concurs with 
the findings of the Department of Natural Resources 
and the Department of Pollution Control. 

Department of Pollution Control - This department 
has completed a review of the proposed project and 
has determined that the extensive dredging and 
subsequent fill would have definite adverse effects 
on water quality in Lake Worth. The present appli- 
cation is unacceptable as it would be another step 
in the overall degradation of Lake Worth. 

OTHERS: 1. Area Planning Board of Palm Beach County objects 
to the project. 

2. The Town of Palm Beach objects to the project. 
Staff recommends denial of Permit No. 253.124-305 . 
ACTION OF THE TRUSTEES: 

Mr. Kuperberg commented that this matter, twice deferred, was 
a request from the City of Lake Worth which city holds title to 
certain submerged land leased to Mr. Steinhardt. 



Motion was made by Mr. Stone, seconded by Mr. 
the staff recommendation be approved. 



Christian, that 



Mr. Steinhardt, representing the City of Lake Worth and two 
private corporations, reviewed the background of the plan 
to build a marina complex on land on the east side of Lake 
Worth acquired by the city in 1955. He discussed the delay 
caused by litigation, the land donated by the developers to 
the State Road Department for the new bridge and highway 
widening, biological reports that he called inconsistent, the 
Board's legal defense of granting of the permit and subsequent 
revocation of the permit. He said the City of Lake Worth 
would be getting the marina free of charge, that records , 
letters and reports backed up his client's position, and that 
objections in the last year were based on incorrect information. 

The Director called upon Mr. Robert Routa of the Trustees' staff, 
who explained to the Trustees' satisfaction the alleged 
inconsistency in the biological reports. 

Mr. Christian pointed that laws and policies had changed, 
and Mr. Shevin said the Board had to consider that a state 
road project might be more in the public interest than a 
private developer's fill project. 

The motion made by Mr. Stone to deny Permit No. 253.12 4-305 
passed without objection. 



May 1, 1973 



384 



-14- 



MONROE COUNTY 



Dredge Permit No. 44-20-0146 
(September 11, 1972) 



APPLICANT: Fisherman's Hospital, Inc., c/o Bailey and Post 
Post Office Box 349, Islamorada, Florida 33036 

PROJECT: To dredge a 50 foot wide by 5 foot deep by 500 foot 
long navigation channel from applicant's upland 
property to an existing navigation channel, to pro- 
vide direct access to the hospital by boat for 
emergency cases. 

LOCATION: Sections 9, 10, Township 66 South, Range 32 East, 
Boot Key Harbor, Monroe County. 

MATERIAL: Approximately 3,021 cubic yards of material to be 

placed along the southwestern portion of the property. 

PAYMENT: Requests payment for spoil to be waived. 



STAFF 
REMARKS: 



Field Operations Division has no objection to the 
access channel. It is requested that adequate turbidity 
control devices be utilized in completion of this 
channel so as not to silt the surrounding grass 
flats. Spoil should be placed upon adequately diked 
upland areas. 



ECOLOGICAL 

RESPONSES: Department of Natural Resources - The proposed work 

will be within an area of very productive submerged bay 
bottom; the proposed spoil area is bordered on the 
waterward side by intertidal red mangroves. Even if 
the spoil area is diked at the mean high water line to 
eliminate some siltation, there will be substantial 
direct damage from dredging and possible secondary 
adverse effects from silt placed in the water column by 
the dredging. 

Game and Fresh Water Fish Commission - To minimize 
damage to surrounding submerged land, it is recom- 
mended that the dredge area be enclosed by silt- 
containing curtains. All spoil should be placed on 
uplands on the adjacent Monroe County property next 
to the Sheriff's station, since there does not appear 
to be sufficient area above the mean high water line 
on the applicant's property. 

Department of Pollution Control - The project has been 
approved by the Board of the Department of Pollution 
Control as being exempt from the present moratorium 
in Monroe County and no objection is offered to the 
project. 

Staff recommends issuance of Permit No. 44-20-0146 subject to 
use of turbidity control devices and placement of spoil on 
adequately-diked publicly-owned upland sites or payment of $1.50 
per cubic yard if placed on private uplands . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Stone, seconded by Mr. Christian and passed 
without objection, the Board approved issuance of the permit 
subject to the stipulations as recommended. 



-15- 

MARTIN COUNTY - Construction Permit No. 43-39-0512 
(February 26, 1973) 

APPLICANT: Outboard Marine Corporation 
c/o Heiman and Crary 
Post Office Drawer 24, Stuart, Florida 33494 



May 1, 1973 



PROJECT : 

LOCATION : 

MATERIAL: 

PAYMENT : 

STAFF 
REMARKS: 



385 



To place riprap on bottom land adjacent to existing 
seawall forming a boat basin to prevent erosion of 
the bottom and collapse of the wall. 

Section 5, Township 37 South, Range 41 East, St. Lucie 
River, Martin County. 

Not applicable. 

Not applicable. 



Field Operations has no objection to the proposed 
project. 



ECOLOGICAL 
RESPONSES: 



Department of Natural Resources - This department has 
no objection to the proposed project. 

Game and Fresh Water Fish Commission - Deferred to 
the Department of Natural Resources. 

Department of Pollution Control - This department has 
no objection to the proposed project. 

Staff recommends issuance of Permit No. 43-39-0512 . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Stone, seconded by Mr. Dickinson and passed 
without objection, issuance of the construction permit was 
approved. 



BREVARD COUNTY 



-16- 

Marina License and Construction Permit 
No. 05-30-0135 
(February 20, 1973) 



APPLICANT: James B. Wynn 

2189 Pineapple Avenue 
Eau Gallie, Florida 32935 

PROJECT: To construct a 13 0-foot pier covering approximately 
520 square feet. 

LOCATION: Section 9, Township 27 South, Range 37 East, Indian 
River, Brevard County. 

MATERIAL: Not applicable. 

PAYMENT: $100 minimum annual fee. 



STAFF 

remark: 



ECOLOGICAL 
RESPONSES: 



Field Operations has no objection to the proposed 
project. 



Department of Natural Resources - This department 
has no objection to the proposed project. 



Game and Fresh Water Fish Commission 
Department of Natural Resources. 



Deferred to 



Department of Pollution Control - This department 
has no objection to the proposed project. 

Staff recommends issuance of Marina License and Construction 
Permit No. 05-30-0135 . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Stone, seconded by Mr. Dickinson and passed 
without objection, the Board approved issuance of Marina 
License and Construction Permit No. 05-30-0135. 



May 1, 1973 



386 



-17- 

DUVAL COUNTY - Marina License and Construction Permit 
No. 16-30-0432 
(February 8, 1973) 

APPLICANT: Lamb's Yacht Center, Inc. 
c/o Bronson E. Lamb, Jr. 
1920 Montgomery Place 
Jacksonville, Florida 32205 

PROJECT: To replace wooden pilings 'with a concrete ramp and 
install a boat hoist. The work has been partially 
completed . 

LOCATION: Section 42, Township 3 South, Range 26 East, Ortega 
River, Duval County. 

MATERIAL: Not applicable. 

PAYMENT: $189 as annual fee. 



STAFF 
REMARKS : 



Field Operations Division has no objection to this 
project and recommends that an after-the-fact 
construction permit be issued. 



ECOLOGICAL 

RESPONSES: Department of Natural Resources - The proposed project 

should not have significant adverse effects on marine 

biological resources. 

Game and Fresh Water Fish Commission - Deferred to the 
Department of Natural Resources. 

Department of Pollution Control - This department has 
no objection to the proposed project. 

Staff recommends issuance of Marina License and Construction 
Permit No. 16-30-0432 . " 

ACTION OF THE TRUSTEES : 

On motion by Mr. Stone, seconded by Mr. Dickinson and passed 
without objection, the Board approved issuance of Marina License 
and Construction Permit No. 16-30-0432. 



-18- 

DUVAL COUNTY - Marina License and Construction Permit 
No. 16-30-0485 
(February 28, 19 73) 

APPLICANT: All Saints Nursing Home for the Aging 
c/o Harbor Engineering Company 
1615 Huffingham Lane, Jacksonville, Florida 32216 

PROJECT: To construct a dock extending 40 feet into the 
St. Johns River. 

LOCATION: Section 26, Township 2 South, Range 26 East, 
St. Johns River, Duval County. 

MATERIAL: Not applicable. 

PAYMENT: $10 minimum annual fee received. 



STAFF 
REMARKS : 



Field Operations Division has no objection. 



ECOLOGICAL 
RESPONSES: 



Department of Natural Resources - This department 
has no objection to the proposal. 



May 1, 1973 



387 



Game and Fresh Water Fish Commission - This agency 
has no objection to the proposed project. 

Department of Pollution Control - This department 
has no objection to the proposed project. 

Staff recommends issuance of Marina License and Construction 
Permit No. 16-30-0485 . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Stone, seconded by Mr. Dickinson and passed 
without objection, the Board approved issuance of Marina 
License and Construction Permit No. 16-30-0485. 



-19- 

DIXIE COUNTY - Marina License and Construction Permit 
No. 15-30-0414E 
(April 16, 1973) 



APPLICANT: 

PROJECT : 

LOCATION: 

MATERIAL : 

PAYMENT : 

STAFF 
REMARKS: 



ECOLOGICAL 
RESPONSES: 



Willie J. Dixon 

Post Office Box 248 

Horseshoe Beach, Florida 32648 

To construct a boat lift 50 feet by 15 feet covering 
750 square feet. 

Section 14, Township 12 South, Range 10 East, Gulf of 
Mexico, Dixie County. 

Not applicable. 

$100 minimum annual fee. 



Field Operations Division has no objection to this 
project. 



Not applicable. 

Staff recommends issuance of Marina License and Construction 
Permit No. 15-30-0414E. 



ACTION OF THE TRUSTEES: 

On motion by Mr. Stone, seconded by Mr. Dickinson and passed 
without objection, the Board approved issuance of Marina 
License and Construction Permit No. 15-30-0414E. 



-20- 

ESCAMBIA COUNTY - Marina License and Construction Permit 
No. 17-30-0323 
(April 17, 1973) 



APPLICANT: 

PROJECT : 

LOCATION : 

MATERIAL: 

PAYMENT : 

STAFF 
REMARKS : 



Alfield, Inc. 

1101 North Ninth Avenue 

Pensacola, Florida 32501 

To construct two boat slips to an existing marina, 
covering 100,000 square feet. 

Section 59, Township 2 South, Range 30 West. 

Not applicable. 

$2,000 as annual fee. 



Field Operations Division has no objection to the 
proposed project. 



May 1, 1973 



388 



ECOLOGICAL 

RESPONSES: Department of Natural Resources - The construction 
of the proposed project should not have significant 
adverse effects on marine biological resources 
in the subject area. 

Game and Fresh Water Fish Commission - This agency 
has no objection to the proposed project. 

Department of Pollution Control - This department 
has no objection to the proposed project. 

Staff recommends issuance of Marina License and Construction 
Permit No. 17-30-0323 . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Stone, seconded by Mr. Dickinson and passed 
without objection, the Board approved issuance of Marina 
License and Construction Permit No. 17-30-0323. 



-21- 

VOLUSIA COUNTY - Marina License and Construction 
Permit No. ML-131 
(November 17, 1972) 

APPLICANT: Smyrna Marina, Inc. 
4 North Causeway 
New Smyrna Beach, Florida 32069 

PROJECT: To fill an area of privately-owned submerged land 

and construct a bulkhead. A small portion (.014 acre) 
is after-the-fact. Additionally, a marina license 
is requested for an area of sovereignty land. 

LOCATION: Adjacent to North Causeway, New Smyrna Beach, Indian 
River North, unplatted Township 17 South, Range 34 
East, Volusia County. 

MATERIAL: Fill to be obtained from upland sources. 

PAYMENT: $140 annual fee received. 



STAFF 
REMARKS: 



Field Operations Division has no objection to 
issuance of this permit. 



ECOLOGICAL 

RESPONSES: Department of Natural Resources - To conserve shallow 

bottoms, the proposed seawall should be relocated 

closer to the existing shoreline. 

Game and Fresh Water Fish Commission - This agency 
has no objection to the proposed project. 

Department of Pollution Control - This department has 
no objection to the proposed project. 

OTHERS: 1. The City of New Smyrna Beach approved its 
Permit No. 2389 on March 8, 1972. 

NOTE: The applicant accepted the Department of Natural 
Resources' suggestion and has moved the seawall 
location closer to the existing shoreline as illus- 
trated in the biological report. The applicant in- 
advertently filled .014 acre of state-owned submerged 
land with 44 cubic yards of material but has issued 
a quit claim deed to the state for this area and 
has applied for a marina license covering the 
sovereign lands to be occupied by the marina facility. 

Staff recommends approval of Fill Permit and Marina License. 



May 1, 1973 



389 



ACTION OF THE TRUSTEES: 



On motion by Mr. Stone, seconded by Mr. Dickinson and passed 
without objection, the Board approved issuance of Marina 
License and Construction Permit No. ML-131 for the annual 
fee of $140, received from the applicant. 



LEON COUNTY 



-22- 

Construction Permit No. 
(April 20, 1973) 



37-22-0761 



APPLICANT: Department of Transportation 

c/o Department of Administration 
725 South Bronough 
Tallahassee, Florida 32304 

PROJECT: To install 2 temporary silt barriers in Meginnis 
Arm and 2 temporary silt barriers in Ford's Arm. 
These floating "diapers" are designed to reduce 
siltation and turbidity from storm water runoff 
entering Lake Jackson. 

LOCATION: Sections 1, 2, 11, 14, Township 1 North, Range 1 West, 
Ford and Meginnis Arms, Lake Jackson, Leon County. 

NOTE: Staff is opposed to the proposed earthen dams 

initially to be constructed for silt control but 
feels that placement of these temporary sheet plastic 
structures is essential to the protection of the 
water quality in the 6,000+ acre Lake Jackson. 

Staff recommends issuance of Permit No. 37-22-0761 . 

ACTION OF THE TRUSTEES: 

Motion was made by Mr. Stone and seconded by Mr. Dickinson to 
erect temporary silt barriers in Meginnis Arms and Ford's Arm. 

Mr. Benjamin K. Phipps , attorney for landowners, stated an objection 
to this action and presented Dr. Paul Erdos who discussed what he 
considered the disadvantages of such silt barriers and proposed 
the use of inlet sedimentation basins. Dr. Sherwood W. Wise and 
Col. Morgan Whitfield also objected to silt barriers and supported 
Dr. Erdos' suggestion. 

Mr. Earl Starnes presented the findings of the Task Force in 
support of temporary silt barriers. Mr. Curran Schenck stated that 
the settling basin concept had been a possibility from the outset 
but its effect would not be as immediate as was needed. 

Mr. Stone made a motion that the Board approve the staff recommen- 
dation for temporary silt barriers or "diapers" for a maximum of 
six months; that the Task Force that would include aqencies of city, 
county and state, be required to report as to recommended interim 
intermediate and long-range additional solutions; also, that the 
Trustees' staff by the use of inter-agency experts make a separate 
investigation and report in not more than ninety days as to 
possible restoration of the area and who should contribute toward 
restoring the damaged areas. Mr. Christian seconded the motion 
that passed unanimously. 



-23- 

BREVARD COUNTY - Dredge and Construction Permit 
No. 05-20-0145 
(March 19, 1973) 

APPLICANT: Dickerson Marine Center, Inc. 
c/o Floyd W. Dickerson 
905 North Harbor City Boulevard 
Melbourne, Florida 32935 



May 1, 1973 



390 



PROJECT: To dredge an area 400 feet long x 400 feet wide 

for dockage, to dredge an 800 feet long x 50 feet 
wide access channel, and to construct a pier 250 feet 
long. Dredging will be to -7 feet mean low water. 

LOCATION: Section 21, Township 27 South, Range 37 East, 
Eau Gallie River Basin, Brevard County. 

MATERIAL: Approximately 3 0,0 00 cubic yards to be dredged, 7 40 
cubic yards to be from state-owned bottoms. The 
marina facility is on privately-owned submerged lands. 

PAYMENT: The City of Melbourne has requested use of the fill 
for municipal purposes. Applicant requests waiver 
of fee. 

STAFF 

REMARKS: Field Operations Division has no objection to the 
project. However, from the report it is felt that 
the overall length of the dock should not exceed 250 
feet to prevent future navigation problems. 

ECOLOGICAL . 

RESPONSES: Department of Natural Resources - The proposed dock 
installation and dredging should have only limited adverse effects 
on marine life if siltation is carefully controlled. These soft 
bottoms will possibly require the use of a "diaper" to adequately 
control siltation. 

Game and Fresh Water Fish Commission - To summarize, the project 
as proposed does not adequately account for the disposal of the 
spoil, destroys biological productive areas, and threatens the 
estuary with high turbidities due to inadequate spoiling and 
runoff from the small spoil area. We recommend that the permit 
not be issued due to the biological damage that would occur. 

To improve the application, the Typha stands should not be 
disturbed, the bulkhead which is proposed to be seawall should 
be stone riprap above mean high water and adequate disposal 
of the spoil should be assured. The applicant should also be 
advised that the effluent from the spoil area or areas should 
not be greater than fifty Jackson turbidity units above normal. 

Department of Pollution Control - The present marina complex con- 
tains no facilities for the collection and treatment of sewage 
resulting from boats which dock there at present and the owner 
has no plans to install these facilities in the new expansion. 
Thus, this would result in an increase in boat traffic in the 
area (as a result of new docking facilities) and a corresponding 
increase in the amount of raw sewage being dumped into the 
river. This, therefore, would not be conducive to maintenance 
of good water quality in the area. 

For the reasons stated above, the subject project is not 
recommended for approval. 

We have no objections, however, to maintenance dredging of 
existing channels and basins provided all spoil is placed upland 
and turbidity is controlled. 

NOTE: The applicant has agreed to the modifications and stipu- 
lations requested by the environmental agencies. Sewage collec- 
tion facilities will be installed which meet the objections of 
the Department of Pollution Control. 

Staff recommends approval of Permit No. 05-20-0145 sub ject to the 
stipulations of the environmental agencies and waiver of fee for 
state-owned spoil to be used by the City of Melbourne . 

ACTION OF THE TRUSTEES : 

Mr. Kuperberg advised the Board that the biological comments 
do not reflect the fact that subsequent to their issuance there was 
a meeting with Mr. Dickerson, the applicant, who accepted the 
stipulations, thereby resolving the problems. 



May 1, 1973 



391 



Motion was made by Mr. Stone that the staff recommendations as 
modified be accepted. 

Responding to a question by Mr. Shevin , the Director stated 
that the City of Melbourne would use the fill material for 
muncipal purposes. 

The motion by Mr. Stone, seconded by Mr. Christian, passed 
without objection. 



-24- 



BAY COUNTY 



Construction Permit No. 03-30-0289 
(December 1, 1972) 



APPLICANT: City of Panama City 

c/o C. E. Peterson, Director of Public Works 
Post Office Box 1880, Panama City, Florida 32401 



PROJECT : 



After-the-fact permit for construction of a dock 
and a bulkhead. 



LOCATION: Section 1, Township 4 South, Range 15 West, 
St. Andrews Bay, Bay County. 

MATERIAL: Not applicable. 

PAYMENT: Request waiver of fees. 



STAFF 
REMARKS : 



Field Operations Division has no objection to 
issuance of an after-the-fact construction permit. 



ECOLOGICAL 
RESPONSES: 



Department of Natural Resources - The work was done 
in an existing marina area and should not have had 
significant adverse effects on marine biological 
resources . 



Game and Fresh Water Fish Commission - This agency 
has no objection to the project. 

Department of Pollution Control - This department 
has no objection to the project. 

Staff recommends approval of Permit No. 3-30-02 89 with waiver 
of fees . 

ACTION OF THE TRUSTEES : 

On motion by Mr. Christian, seconded by Mr. Stone and passed 
without objection, the Board approved issuance of Permit No. 
03-30-0289 and waived the fee for this project as being in the 
public interest. 



•25- 



MARINA LICENSE RENEWALS 



Requests have been submitted for renewal of the following 
marina licenses : 

1. Pinellas County - Marina License Renewal No. ML-1 
(March 16, 1973) 

Port Tarpon Marina, Inc. 

Post Office Box 1486 

Tarpon Springs, Florida 33589 

To renew ML-1 for one year. 

Section 2, Township 27 South, Range 15 East, Anclote River, 
Pinellas County. 



May 1, 1973 



392 



$749 annual fee received. 

Field Operations Division recommended renewal of ML-1. 

Staff recommends renewal of ML-1 for one year . 

2. Volusia County - Marina License renewal, Permit 
No. ML-87 
(January 26, 1973) 

Smyrna Yacht Club 

Post Office Box 83 

New Smyrna Beach, Florida 32069 

To renew ML-87 for one year. 

Section 20, Township 17 South, Range 34 East, Volusia County. 

$351.26 annual fee received. 

Field Operations Division has no objection to the marina 
license being renewed. 

Staff recommends renewal of ML-87 for one year . 

ACTION OF THE TRUSTEES : 

On motion by Mr. Stone, seconded by Mr. Christian and. Mr. 
Dickinson and passed without objection, the Board approved 
the two marina license renewals for one year. 



-26- 

Because of travel difficulties Mr. Horan was unable to be 
present and his appearance before the Trustees with reference 
to Permit Application No. 253.03-178 was postponed until 
the next meeting. 



■27- 



GLADES COUNTY - Fish Camp Lease No. 159 8 
(April 10, 1973) 

APPLICANT: Staff request 



PROJECT : 



LOCATION; 



MATERIAL : 
PAYMENT : 



STAFF 
REMARKS: 



Renewal of Lease No. 1598 for a fishing camp, 
trailer park and commercial use. The lease was 
previously held by Harvey Arrington, now deceased. 
Mrs. Arrington did not wish to renew the lease and 
several other parties have expressed an interest 
in the property. 

Tract in Section 10, Township 41 South, Range 32 
East, being part of the levee berm of Lake Okeechobee 
Rim Levee Div. 3, containing 6 acres, more or less. 

Not applicable. 

Present lease is $50 per month. A fair rental esti- 
mate of $3,100 per year has been set by the staff 
appraiser. 



Some of the tenants in this park have been there as 
long as eleven years. Approximately five or six 
trailers are permanently affixed to the ground. 
This lease has been on a month-to-month basis since 
1961. At the recommendation of the Central and 
Southern Florida Flood Control District, the ori- 
ginal lease was given for temporary use with a 90-day 
cancellation provision, as the area was on the levee 
right of way. 



May 1, 197 3 



393 



OTHERS: Glades County Health Department: Will approve the 

facilities if an engineer, registered in Florida, is 
hired to submit plans for a public water and sewer 
system that is acceptable to the Division of Health 
and the Department of Pollution Control. 

Staff recommends authorization to advertise for bids . 

ACTION OF THE TRUSTEES : 

On motion by Mr. Stone, seconded by Mr. Dickinson and passed 
without objection, the Board authorized advertisement for bids. 



-28- 



DADE COUNTY - Sand Lease No. 2 4 39 
(December 28, 1972) 

APPLICANT : Des Rocher Sand Company 
c/o James L. Titzel 
728 Eastwind Drive 
North Palm Beach, Florida 33403 



PROJECT : 



LOCATION; 



To renew Commercial Sand Lease No. 2439 covering 
two areas 3,500 feet Southeasterly of Cape Florida 
in the Atlantic Ocean. The lease was to expire on 
March 16, 1973. It was extended for 60 days on 
March 7, 1973 and will expire on May 16, 1973. 

Easterly and Southeasterly of the Old Lighthouse 
Tower on Cape Florida. 



STAFF 

REMARKS: A monthly report of cubic yardage dredged and 

payment of .22 per cubic yard are required by the 
existing lease. Should this lease be renewed, an 
appraisal will be made for the purpose of estimating 
an equitable royalty rate. 

ECOLOGICAL 

RESPONSES: Department of Natural Resources - Dredging within 
the subject area may not have immediate massive adverse effects 
on marine biological resources; however, continued dredging within 
the subject area can be expected to have gradual but permanent 
adverse effects. 



Game and Fresh Water Fish Commission - Concurs with the findings 
and recommendations of the Bureau of Sport Fisheries and Wildlife 
which state that the renewal of this permit would be contrary to 
State and Federal policy and law. The continuance of this permit 
would have adverse effects on the sport and commercial fisheries 
in waters of the State Aquatic Preserve. 

Department of Pollution Control - It is the opinion of this 
department that any dredging in this area will have definite 
effects on water quality and due to the closeness of the Aquatic 
Preserve, the application should not be approved or at least a 
definite schedule should be established to phase out this type 
of operation. 



NOTE: 



1. 



Florida Audubon Society objects to extension of this 
lease . 



2. The lease area is within Aquatic Preserve A-12. 

Staff recommends Sand Lease No. 2439 not be renewed . 

ACTION OF THE TRUSTEES : 

Mr. Kuperberg stated that the United States Fish and Wildlife 
Service and National Marine Fisheries Service also filed 
objections to the sand lease. 

On motion by Mr. Stone, seconded by Mr. Conner and passed without 
objection, the Trustees denied the request to renew this sand lease. 



May 1, 19 7 3 



394 



■29- 



GLADES COUNTY 



Dredge Permit No. 22-25-0309 
(April 18, 1973) 



APPLICANT: General Development Corporation 
1111 South Bayshore Drive 
Miami, Florida 33131 

PROJECT: To dredge a marina basin and two access channels to 
the Caloosahatchee River. 



LOCATION: 



MATERIAL: 



STAFF 
REMARKS : 



Section 35, Township 42 South, Range 29 East, Port 
LaBelle , Glades County. 

Approximately 200,000 cubic yards of material to be 
placed on uplands. 

Not applicable. State-owned material not involved. 



Field Operations Division recommends approval of the 
proposed project. 



ECOLOGICAL 

RESPONSES: Department of Natural Resources, Survey and Management 

This proposed project should not significantly affect 

aquatic biological resources. 

Bureau of Beaches and Shores - The modification to the 
project to include 7 culverts should improve somewhat 
exchanges between the marina and the Caloosahatchee 
Canal; however, high residence times within the 
marina should be anticipated. 

Game and Fresh Water Fish Commission - This agency 
has no objection to the proposed project. 

Department of Pollution Control - This department 
has no objection to the proposed project. 

Staff recommends issuance of Dredge Permit No. 22-25-0309 . 

ACTION OF THE TRUSTEES: 

Mr. Kuperberg said the project as modified is much superior to 
the original plan. 

On motion by Mr. Dickinson, seconded by Mr. Christian and 
Mr. Stone and passed without objection, the Trustees approved 
Dredge Permit No. 22-25-0309. 



■30- 



MONROE COUNTY 



Dredge Permit No. 253.03-172 
(November 8, 1972) 



APPLICANT: Bahia Shores, Inc. 
c/o Bailey and Post 
Post Office Box 349, Islamorada, Florida 33036 

PROJECT: To revise an existing permit, by dredging an 

access channel 250 feet long x 50 feet wide x 6 
feet deep and a perimeter channel that would connect 
two existing 1,500-foot canals. Original permit 
issued December 10, 1970. 

LOCATION: Section 18, Township 16 South, Range 30 East, Big 
Spanish Channel at No-Name Key, Monroe County. 

MATERIAL: Approximately 1,200 cubic yards of material to be 
excavated from channel and placed behind the mean 
high tide line . 

PAYMENT: $1,800 received as payment at standard rates. 



May 1, 1973 



395 



STAFF 
REMARKS : 



Field Operations 



Division has no objection to the 
proposed revised project provided there is strict 
adherence to the turbidity standards set forth by 



the Department of Pollution Control. 

RFqpoNSES- Department of Natural Resources - The applicant's 
Ssenf revision follows the recommendations of the representatives 
of the state agencies that met on September 15, 1972. The upland 
excavation should be completed before the system is opened up , to 
reduce turbidity in the surrounding water; and red mangroves should 
be planted, at a 2:1 replacement ratio, along the waterward side 
of the mean high tide line to replace the ones that were removed 
prior to April, 1971. 

Game and Fresh Water Fish Commission - We have reviewed the per- 
mit and have no objections to its issuance. 

Department of Pollution Control - Has issued certification for 
the project. 

Staff r ecommends issuance of Permit No. 253.03-172, subject to 
the stipulations of the Department ot Natura l Resources. 

ACTION OF THE TRUSTEES : 

On motion by Mr. Dickinson, seconded by Mr. Stone and Mr. Christian, 
passed without objection, the Board approved issuance of 
Dredge Permit No. 253.03-172 subject to the stipulations of the 
environmental agency. 



CHARLOTTE COUNTY 



-31A- 

Bulkhead Line 



City of Punta Gorda 
c/o Tri-County Engineering, Inc. 
121 East Charlotte Avenue 
Punta Gorda, Florida 33950 

To approve the bulkhead line 1,411.59 feet long 
established by the City Council of the City of Punta 
Gorda by Resolution No. 439, adopted February 15, 1972. 

Section 6, Township 41 South, Range 2 3 East, 
Charlotte County. 

None. 

None . 

Field Operations Division has no objection to the 
proposed bulkhead line. 

Department of Natural Resources - This department 
has no objection to the proposed bulkhead line. 

Game and Fresh Water Fish Commission has no objection 
to revised bulkhead line location. 

Department of Pollution Control has no objection to 
the proposed bulkhead line. 

Staff recommends approval of the bulkhead line . 

ACTION OF THE TRUSTEES : 

On motion by Mr. Stone, seconded by Mr. Conner and passed 
without objection, the Trustees approved the bulkhead line as 
established by the City of Punta Gorda on February 15, 1972. 



APPLICANT 

PROJECT : 

LOCATION: 

MATERIAL: 

PAYMENT : 

STAFF 
REMARKS : 



ECOLOGICAL 
RESPONSES : 



May 1, 19 7 3 



396 



-SIB- 
CHARLOTTE COUNTY - Application for Dedication 
File No. 2496-08-253.03 
(February 26, 1973) 



0.82 acre 



STAFF 

DESCRIPTION: Two parcels of sovereignty land in Peace River 

abutting Section 6, Township 41 South, Range 

23 East. 



CITY AND COUNTY: City of Punta Gorda, Charlotte County. 
APPLICANT: City of Punta Gorda 



APPLICANT'S 
REPRESENTATIVE: 



Tri-County Engineering, Inc. 
121 East Charlotte Avenue 
Punta Gorda, Florida 33950 



0.35 and 0.47, total 0.82. 
Not applicable. 
APPRAISAL: Not applicable. 



ACREAGE : 
RATE PER 
ACRE: 



PURPOSE: To be managed by the city for public fishing, boat 
servicing, docking and launching and other water-oriented 
recreational activities. 



ECOLOGICAL 
RESPONSES: 



OTHERS : 



H. 



STAFF 
REMARKS ; 



Department of Natural Resources - Biological 
report dated October 12, 1970, offers no 
objection to the project. 

Game and Fresh Water Fish Commission - No objection 
to the revised plan. 

Department of Pollution Control - Has no objection 
to the proposed project. 

The Department of Administration states that 
compliance with Florida Law has been accomplished. 



Field Operations Division has no objection to 
the project. 



The City of Punta Gorda by Resolution No. 476 dated February 20, 
1973, states that there exists a great public need for the 
proposed construction as no other adequate facilities exist in 
or near the city. The facility will be managed by the city and 
the commercial concessions will be limited to boat docking and 
servicing and sale of boat fuel, boating and fishing supplies, 
equipment and "carry-out" food. The concessions will be 
authorized by the city after public bidding. The construction 
time is estimated to be one year after approval of necessary 
permits. 

No objection was presented at the advertised public hearing for 
establishment of the bulkhead line. 

One letter objecting to the location of the proposed marina 
has been received at agenda preparation time. 

Staff requests authority to issue the dedication with appropriate 
restrictions and reverter provisions . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Stone, seconded by Mr. Conner and passed 
without objection, the Trustees authorized issuance of the 
dedication with appropriate restrictions and reverter provisions. 



May 1, 1973 



397 



-31C- 

CHARLOTTE COUNTY - Construction Permit and Marina License 
Permit No. ML-136 
(February 26, 1973) 

APPLICANT: City of Punta Gorda 

c/o Tri-County Engineering Inc. 
121 East Charlotte Avenue 
Punta Gorda, Florida 33950 

PROJECT: To construct a docking facility occupying 9,108 square 
feet of submerged land in the Peace River abutting 
Section 6, Township 41 South, Range 23 East, Charlotte 
County. 

LOCATION: Section 6, Township 41 South, Range 2 3 East, Charlotte 
County . 



MATERIAL: 
PAYMENT : 



None . 

City of Punta Gorda requested fee be waived. 



STAFF 
REMARKS : 



Field Operations Division has no objection to the 
proposed project. 



ECOLOGICAL 

RESPONSES: Department of Natural Resources - The proposed 
marina improvements with limited, trucked-in 
fill should not have significant adverse effects 
on marine biological resources. 

Game and Fresh Water Fish Commission - This agency 
has no objection to the proposed project. 

Department of Pollution Control - This department 
has no objection to the proposed project. 

Staff recommends issuance of Marina License and Construction Permit 
ML-136 with waiver of fees . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Stone, seconded by Mr. Conner, and passed 
without objection, the Trustees authorized issuance of Construc- 
tion Permit and Marina License ML-136. 



CHARLOTTE COUNTY 



-3 ID- 
Fill Permit No. 08-10-0025 
(February 26, 1973) 



APPLICANT: City of Punta Gorda 

c/o Tri-County Engineering, Inc. 
121 East Charlotte Avenue 
Punta Gorda, Florida 33950 

PROJECT: To place fill on submerged lands at the existing 
City of Punta Gorda Boat Basin to allow improve- 
ments to the facility to be constructed. Approxi- 
mately .82 acres will be filled. 

LOCATION: Section 6, Township 41 South, Range 23 East, 
Charlotte County . 



STAFF 
REMARKS: 



Field Operations has no objection to the proposed 
project. 



ECOLOGICAL 

RESPONSES: Department of Natural Resources - The proposed 
project should not have significant adverse 
effects on marine biological resources. 



May 1, 1973 



398 



Game and Fresh Water Fish Commission - This agency 
has no objection to the proposed project. 

Department of Pollution Control - This department 
has no objection to the proposed project. 

Staff recommends issuance of Fill Permit No. 08-10-0025 . 

ACTION OF THE TRUSTEES : 

On motion by Mr. Stone, seconded by Mr. Conner and passed 
without objection, the Trustees authorized issuance of 
Fill Permit No. 08-10-0025. 



-32- 

MARTIN COUNTY - Public Hearing to establish an Erosion 
Control Line 
(March 7, 1973) 

APPLICANT: Town of Jupiter Island 

c/o Arthur V. Strock, P.E. 
Arthur Strock and Associates, Inc. 
829 Southeast 9 Street Palm Plaza 
Deerfield Beach, Florida 33441 

PROJECT: Requests the Board of Trustees to establish an 

erosion control line in accordance with the pro- 
visions of Section 161.151, Florida Statutes for 
the purpose of nourishing 26,400 lineal feet of 
eroded beach. 

LOCATION: Atlantic Ocean adjacent to Sections 10, 14, 23, 25, 

26 and 36, Township 39 South, Range 42 East; Sections 
1 and 12 Township 40 South, Range 42 East; Sections 
7 and 18, Township 40 South, Range 43 East, Martin 
County. 

MATERIAL: 2,376,000 cubic yards of material for beach nourish- 
ment will be obtained from borrow areas 3,500 feet 
offshore . 



PAYMENT i 



None , 



Material will be placed on sovereignty land. 



ECOLOGICAL 

RESPONSES: Department of Natural Resources certifies that severe 
beach erosion has occurred in the area encompassed by the project 
and that the beach has been substantially destroyed and may be 
completely destroyed in the immediate future unless a publicly 
financed program is undertaken. 

Staff requests authority to advertise that the Board of Trustees 
or its designee will hold a public hearing in the Town of Jupiter 
Island Town Hall at 10 a.m. on Monday, May 21, 1973, for the purpose 
of considering evidence bearing on the necessity or propriety 
of the beach nourishment or restoration program and/or on the 
proposed location of the erosion control line. Request that the 
Board of Trustees authorize the Executive Director to designate 
a member of his staff to hold the public hearing for the erosion 
control line proposed for the Town of Jupiter Island, Florida. 

ACTION OF THE TRUSTEES: 

On motion by Mr. Christian, seconded by Mr. Stone and passed 
without objection, staff was authorized to advertise for and 
hold a public hearing on the beach erosion control line. 



-33- 

Public Hearing of April 17, 1973 deferred to May 1, 1973, to 
incorporate emergency rules adopted February 6, 1973, into 
the Florida Administrative Code as permanent rules governing 
time for submitting permit items for consideration of the 
Trustees, permit procedures, and exemptions from some of the 



May 1, 1973 



399 



procedures for projects below a certain size and cost. 

Pursuant to public notice published April 2, 1973, and copies 
of the proposed rules mailed to individuals requesting to be 
on the mailing list, in compliance with Chapter 120, Florida 
Statutes, hearing is to be given interested or affected parties 
prior to adoption of the permanent rules. The rules may be 
adopted with revisions after the hearing and filed with the 
office of the Secretary of State to become operative immediately 
upon filing. The emergency rules expire May 15, 1973. 

ACTION OF THE TRUSTEES: 

Mr. Kuperberg explained that this is the public hearing on 
Item 33, and requested that he might read three changes into 
the record. 

On motion by Mr. Dickinson, seconded by Mr. Christian, he 
submitted the following changes: 

page 1, 18-2.093, after first sentence in Sub-1: addition 
of the phrase "except as authorized by law." 

On motion by Mr. Stone, seconded by Mr. Dickinson and passed 
without objection, this amendment was approved. 

18-2.095, Sub-B: following the word "include", add 

"lands beneath," continue to read "lakes, rivers, 
creeks, marshes, and other waters," add the word 
"other" . 

On motion by Mr. Stone, seconded by Mr. Christian and passed 
without objection, this amendment was approved. 

18-2.095, Sub-2: add the words: "not more tha one 

exemption permit hereunder shall be allowed if, in 
the opinion of the Executive Director, the application 
reflects a design to circumvent limitations established 
in this regulation. When a subsequent application for 
such permit is received, the same shall be processed 
without regard to claim of exemption under this 
regulation. " 

On motion by Mr. Stone, seconded by Mr. Dickinson and passed 
without objection, the amendments were approved. 

On motion by Mr. Stone, seconded by Mr. Dickinson, and passed 
without objection, the rules as amended were approved. 



-34- 

CHARLOTTE COUNTY - Dredge and Fill 

Permit No. 08-31-0087 
(January 8, 1973) 

APPLICANT: General Development Corporation 
1111 South Bayshore Drive 
Miami, Florida 33131 

PROJECT: To restore a tidal creek area that was altered without 
authorization, construct a marina, and obtain spoil 
from three island areas in West Spring Lake. 

LOCATION: Section 34, Township 40 South, Range 22 East and 

Section 21, Township 40 South, Range 22 East, Grassy 
Point and West Spring Lake, Charlotte County. 

MATERIAL: 381,000 cubic yards to be excavated and placed on 
uplands . 

PAYMENT: Not applicable. 

STAFF 

REMARKS: After careful review of the report submitted by our 

Area Office, the Field Operations Division would have no objection 



May 1, 1973 



400 



to the project as proposed. However, Field Operations would 
request that runoff be directed away from the marina area and 
that General Development Corporation notify the Area II field 
Office once this restoration program begins so its progress can 
be routinely monitored. 

ECOLOGICAL RESPONSES: Department of Natural Resources - Although 
sandy spoil deposits occur on the islands, the proposed dredging 
should generally be discouraged in favor of conserving available 
wildlife habitat and marsh edge which the islands now provide 
within the existing development. 



Game and Fresh Water Fish Commission 
to the project. 



This agency has no objection 



Department of Pollution Control - This department has no 
objections to the latest plan providing General Development 
Corporation submits details of methods of controlling turbidity 
and the method of handling marina wastes. 

NOTE: The conceptual design of this plan was agreed upon at a 
meeting between the applicant and representatives of state and 
federal environmental agencies. 

Staff recommends issuance of Permit No. 08-31-0087 subject to the 
stipulations of the Department of Pollution Control and Trustees' 
Field Operations Division . 

ACTION OF THE TRUSTEES : 

Since the Department of Pollution Control withdrew their 
objections, Mr. Kuperberg requested that the following words be 
struck from Item 34: "The Department of Pollution Control and...' 

On motion by Mr. Dickinson, seconded by Mr. Stone and passed 
without objection, the Trustees approved the issuance of Permit 
No. 08-31-0087, as amended. 



-35- 



MARTIN COUNTY 
APPLICANT 



Dredge Permit No. 253.123-0887 



Roger Skillman 

Post Office Box 2287 

Delray Beach, Florida 33444 

PROJECT: To modify Dredge Permit No. 253.123-0887 to allow 
further channel dredging in vicinity of proposed 
boat ramp . 

LOCATION: Section 20, Township 38 South, Range 42 East, 
Intracoastal Waterway, Martin County. 

MATERIAL: 1,655 cubic yards of material were removed under- the 
original application. A minimum amount of privately- 
owned material will be dredged to construct the boat 
ramp. 



Not applicable. 



STAFF 
REMARKS : 



Field Operations Division suggests a modified permit 
be issued to allow the work requested. 



ECOLOGICAL 
RESPONSES: 



Department of Natural Resources - An additional 
biological study for the revision is not required. 

Game and Fresh Water Fish Commission - This agency 
has no objection to the proposed project. 

Department of Pollution Control - This department has 
no objection to the revision of Dredge Permit 
No. 253.123-0887. 



May 1, 1973 



401 



Staff recommends modification of Permit No. 253.123-0887 as 
requested . 

ACTION OF THE TRUSTEES: 

On motion by Mr. Christian, seconded by Mr. Dickinson and 
passed without objection, the Trustees approved the modifica- 
tion of Permit No. 253.123-0887. 



-36- 

PINELLAS COUNTY - Dredge and Construction Permit 
No. 52-20-0488 
(April 4, 1973) 

APPLICANT: Whistler Yacht Company 

c/o Hilborn, Werner, Carter & Assoc, Inc. 
1630 South Myrtle Avenue 
Clearwater, Florida 33516 

PROJECT: To dredge a boat basin connection to existing 

basins and Frenchmans Creek, and construct docks. 

LOCATION: Section 11, Township 32 South, Range 16 East, 
Frenchmans Creek, Pinellas County. 

MATERIAL: Approximately 28,500 cubic yards of material to be 
placed on uplands. 

PAYMENT: Not applicable. State-owned submerged land not 
involved. 

STAFF 

REMARKS: Field Operations Division has no objection to 
the proposed project. 

ECOLOGICAL 

RESPONSES: Department of Natural Resources - This project should 
not have adverse effects on marine life, provided excavation is 
completed before a connection is made to navigable waters. 

Beaches and Shores - The circulation within the proposed basin 
will be poor. 

Game and Fresh Water Fish Commission - Deferred to the Department 
of Natural Resources. 

Department of Pollution Control - This department has no objection 
to the proposed project. 

OTHERS: Pinellas County Water and Navigation Control Authority 
has approved the project. 

Staff recommends issuance of Permit No. 52-20-0488 provided upland 
dredging is completed before connection is made to navigable waters , 

ACTION OF THE TRUSTEES: 

On motion by Mr. Conner seconded by Mr. Christian and passed 
without objection, the Trustees approved the issuance of 
Permit No. 52-20-0488. 



-37- 

MONROE COUNTY - Ocean Reef Club, Inc. 

Permit Nos. 44-39-0369, 44-39-0370, 44-39-0371 

Mr. Stone and Mr. Dickinson requested that this item be deferred two 
weeks for study. 



May 1, 1973 



402 

-38- 

PRINTING VOLUME 3 8 MINUTES OF THE TRUSTEES 

On March 7, 1973, the Trustees authorized invitation for 
bids for printing and binding 150 copies of Volume 38 of 
the minutes by photo-lithographic reproduction, uniform 
with the preceding volume. Printing shall be in accordance 
with provisions of Regulation No. 13A-3.02, Classification V 
printing, and funds are available within the approved operating 
budget . 

The following three bids were received for printing the 714 
pages of the minutes with 75-page index: 

Ambrose the Printer, Inc. 
Post Office Box 10100 
Jacksonville, Florida 32207 

Estimated total of $4,694.55 $5.95 per page 

Rose Printing Company, Inc. 
Post Office Box 5078 
Tallahassee, Florida 32301 

Estimated total $5,404.65 $6.85 per page 

The St. Petersburg Printing Company, Inc. 
Post Office Box 1701 
Tallahassee, Florida 32302 

Estimated total $6,667.05 $8.45 per page 

Recommend awarding of bid to the low bidder . 

ACTION OF THE TRUSTEES : 

On motion by Mr. Christian, seconded by Mr. Dickinson and 

passed without objection, the Trustees approved awarding 

the bid to the low bidder for Vol. 38 of the Trustees' minutes. 



-39- 

The rules were waived for consideration of the following addendum. 

HILLSBOROUGH COUNTY - Drainage Easement 
(January 22, 1973) 

This item placed on the agenda at the request of Comptroller 
Dickinson. 

APPLICANT: Hillsborough County 

REQUEST: Drainage easement for storm sewer across University 
of South Florida campus. 

LOCATION: 50 foot wide construction easement and a 15 foot 

wide permanent easement in SW% of NE% of Section 4 , 
Township 28 South, Range 19 East, Hillsborough 
County. 

The easement is 522.6 feet long located across the northern end 
of the golf course terminating in a lake located partially on the 
university campus at the north boundary of the campus. The 
drainage which this proposed underground storm sewer will handle 
is presently reaching the small lake by surface overflow. This 
storm sewer is one of seven proposed outfalls in the county's 
master drainage plan for the university area. 

The Board of Regents has reviewed and approved issuance of the 
easement. 

The Hillsborough County Environmental Protection Commission 
reviewed this request and commented that the input of storm 
sewage will degrade the water quality of the lake and in effect 
cause pollution which is something they could not approve. 

Staff recommends denial of easement. 



May 1, 1973 



403 



ACTION OF THE TRUSTEES: 

Mr. Kuperberg explained that the basis of the staff recommenda- 
tion was the adverse position of the Hillsborough County 
Pollution Control Department. 

Mr. Dickinson recommended approval with the understanding that 
results of the storm drainage into the lake would be monitored by 
the staff, the University of South Florida, and the clearinghouse 
agencies, if necessary. Discussion followed regarding possible 
alternative methods of disposal of runoff waters, the Director 
proposing to make an on-site inspection in an effort to find a 
solution short of denial. 

Mr. Arthur D. Pepin of Tampa and Mr. Charles Maynard of U. S. 
Home Corporation urged approval of the easement without further 
delay. 

Without objection, the Trustees accepted the motion by Mr. Stone 
to defer for two weeks to see if there are any reasonable alter- 
natives. 



On motion duly adopted, the meeting was adjournec 




GOVERNOR - CHAIRMAN 



(J~ 



ATTEST : 




* * * * * 



Tallahassee, Florida 
May 15, 1973 

The Board of Trustees of the Internal Improvement Trust Fund 
met on this date in the Haydon Burns Auditorium with the 
following members present: 



Reubin O'D. Askew 
Richard (Dick) Stone 
Robert L. Shevin 
Fred 0. Dickinson, Jr. 
Thomas D. O'Malley 
Floyd T. Christian 
Doyle Conner 



Governor 

Secretary of State 

Attorney General 

Comptroller 

Treasurer 

Commissioner of Education 

Commissioner of Agriculture 



Joel Kuperberg 



Executive Director 



■1- 



Without objection, the minutes of the meeting on April 17, 1973, 
were approved as submitted. 



STATE LAND ACQUISITIONS IN THE TEN THOUSAND ISLANDS, COLLIER COUNTY 

Mr. William Merrihue , Dr. Edward T. LaRoe , Mr. John Blair, 
Mr. John Burnham, Mr. John Dearholt and others attended this 
meeting for the presentation of a deed from the Collier County 
Conservancy conveying to the State of Florida land in the Ten 
Thousand Islands to be protected and used in its natural and 
wild condition. The conservancy, founded nine years ago (with 
the Trustees' executive director as one of its founders) for 



May 15, 1973 



404 



the purpose of acquiring some of the remaining wild lands, had 
purchased through private subscription many acres of coastal, 
estuarine areas and worked to protect the environment of Collier 
County and of Southwest Florida with special attention to beaches, 
wetlands, water resources, the Ten Thousand Islands, the Big 
Cypress and the Everglades National Park. 

Stating that the conservancy was making the presentation of this 
sanctuary to the state in the hope that the state will immediately 
acquire and protect the remainder of the Ten Thousand Islands, 
Mr. Merrihue presented to the Governor a quitclaim deed dated 
May 14, 1973, describing Parcel 1, land in Section 11, Township 
53 South, Range 28 East, in Collier County, and Parcel 2, land 
in Sections 2, 3, 8, 9, 10, 11, 15, 17, 20, 21, 29, 32 and 33 in 
Township 53 South, Range 2 8 East. 

In accepting the deed, Governor Askew expressed appreciation for 
the leadership and work of the Collier County Conservancy and 
commitment of private citizens toward preserving our environment. 
He stated that the Board previously had gone on record with a 
definite commitment that the state would go forward toward the 
acquisition of that beautiful and vital part of Florida. 



COLLIER COUNTY - GAC Properties, Inc. 

Mr. Kuperberg stated that protection of an island system depended 
on protecting the water quality around those islands. By a 
settlement with GAC an important wetlands protective zone had been 
acquired that would connect the Conservancy's gift to the proposed 
Fakahatchee Strand acquisition. 

Mr. Dick West, representing GAC Properties, Inc., was present to 
convey some 9,500 acres of marsh immediately north and upstream 
of the islands to the State of Florida. 

Mr. West spoke of the early interest of GAC in the environment 
of Florida, the company's action removing from the market those 
lands in and around the Fakahatchee Strand, and the arrangement 
worked out with the state to transfer by warranty deed dated 
June 30, 1972, from GAC Properties, Inc., a Florida corporation, 
to the State of Florida Board of Trustees of the Internal 
Improvement Trust Fund marsh lands consisting, in the aggregate, 
of 9,523 acres, more or less, in Township 53 South, Range 28 
East, Township 52 South, Range 29 East, and Township 52 South, 
Range 28 East, in Collier County, Florida. 

The Governor thanked Mr. West and expressed the appreciation of 
the Board of Trustees to GAC Properties. 



-2- 

BAY COUNTY - Dredge Permit No. 3-21-0290 
(March 16, 1973) 

APPLICANT: City of Panama City, c/o C. E. Peterson 

P. 0. Box 1880, Panama City, Florida 32401 

PROJECT: Maintenance dredging for existing boat channels, 
boat basins and storm drainage outfall. 

LOCATION: Sections 6, 8, 9, 11, 14, 16, Township 4 South, 
Range 14 West, Channels to St. Andrews Bay, 
Bay County. 

MATERIAL: Approximately 1,750 cubic yards spoil from Areas 
1, 3 and 4 will be temporarily deposited adjacent 
to dredge sites and all excess will be hauled to 
stock pile area. Material from Areas 2, 5, 6, 7, 
8, 9, 10 and 11 will be hauled by truck to stock 
pile areas to be used as needed for city streets 
and city property. 

PAYMENT: Request waiver of fees. 



May 15, 1973 



STAFF 
REMARKS: 



405 



Field Operations Division recommends approval of 
the blanket maintenance dredging permit. 



ECOLOGICAL 

RESPONSES: Department of Natural Resources - No significant 

adverse effects on marine biological resources 

should accrue from these projects. 

Game and Fresh Water Fish Commission - This agency 
has no objection to the proposed project. 

Department of Pollution Control - No objection 
subject to the following: (1) Job 3, Repair and 
use tie-backs for the east wall; (2) Job 4, Replace 
the wooden wall, use tiebacks to keep wall from 
settling and fill holes on east side; (3) Job 7, 
Maintenance dredging on existing storm drainage will 
require preservation of existing banks; (4) Job 8, 
Will require preservation of existing banks and 
removal of obstruction in front of the pipe; (5) Job 9, 
Will require preservation of existing banks. 

Staff recommends issuance of maintenance permit No. 03-21-0290 
subject to the stipulation of the Department of Pollution 
Control, and waiver of fee. 

ACTION OF THE TRUSTEES: 

On motion by Mr. Christian, seconded by Mr. Stone and passed 
without objection, the staff recommendation was approved as the 
action of the Board. ' 



-3- 



BROWARD COUNTY - Construction Permit No. 06-30-0439 
(May 3, 1973) 



APPLICANT: 

PROJECT : 
LOCATION : 

MATERIAL: 
PAYMENT : 



STAFF 
REMARKS: 



Allington Towers, North, Inc. 

1600 South Ocean Drive, Hollywood, Florida 33020 

To construct 14 finger piers 14 feet x 23 feet. 

Section 24, Township 51 South, Range 42 East, 
Broward County. 

Not applicable. 

Annual fee not required as all of the construction 
is upon privately-owned submerged lands. 



Field Operations Division has no objection to the 
construction of these facilities. 



ECOLOGICAL 
RESPONSES: 



Department of Natural Resources - This department 
has no objection to the proposed project. 



Game and Fresh Water Fish Commission 
Department of Natural Resources. 



Deferred to 



Department of Pollution Control - This department 
has no objection to the proposed project. 

Staff recommends issuance of Construction Permit No. 06-30-0439. 

ACTION OF THE TRUSTEES : 

On motion by Mr. Stone, seconded by Mr. Christian and passed with- 
out objection, the construction permit was approved as recommended. 



May 15, 1973 



406 



BROWARD COUNTY 



-4- 

Fill Permit No. 06-13-0202 
(Revised March 20, 1973) 



APPLICANT: F.P.A. Corporation 

2501 Palm-Aire Drive 
Pompan